Right to silence

The Court also decided that the District Court imposed an impermissible burden on the right against compelled self-incrimination by hold Mitchell’s silence against her at the sentencing hearing. CASE SIGNIFICANCE: This case is significant because it decides that a guilty plea does not mean a defendant waives their right to the Fifth Amendment’s Self-Incrimination Clause. It allows the defendant to remain silent and for law enforcement officers to rely on the facts of their case to get the conviction. It also advises the courts that a defendant’s silence cannot be used against them to draw an adverse inference or see it as an admission of guilt. Amanda Mitchell entered a guilty plea in her case involving the distribution of cocaine. According to the District Court, this guilty plea waived her right to remain silent during the sentencing hearing. She was later sentenced under the 10-year minimum mandatory sentence. Mitchell did not testify and it was later decided by the Supreme Court that a defendant’s silence cannot be used to draw an adverse inference in reference to the circumstances of their case. It also decided that a guilty plea does not waive the right to remain silent (IIT Chicago-Kent College of Law,…

Golf has always been referred to as a gentleman’s game. This means that players are supposed to treat each other with respect. Players do not mind the talking in the crowds, there will always be a little bit of noise no matter what. Coughing, sneezing those are natural. Ogilvy suggest that, "It's the change in dead silence to noise or from noise to dead silence that's bad" (as cited in Larson, 2012). One could compare that to the old basketball air horn drill. While shooting free throws, right…

picking a side. If needed, writes might alter a memoir with the purpose of protecting the characters’ identity or to emphasize the central point other than that it must remain the same. 5. “Silence,” is no more than another story that revels the suffering of the Jewish people. In that context, it is easy to understand why the prisoners took the life of a man who had probably or probably not taken the life of many others Jewish; however, there was not a justification for the prisoners to take…

Rachna Shah Written by Susan Cain, Quiet is a book about introversion, and its various effects on an individual's life. The title of the book is Quiet - introverted people are associated with being quiet, but Cain proves that not all introverts are reticent, and that not all quiet people are introverts. Defying misconceptions is a common trend in her book. After all, Cain, founder of the Quiet Revolution, is an author, a lecturer, and is also an introvert. While reading this book, consider it…

“We’re heading across the border; we’ll be at the next safe house in a couple of hours” he replied only to be greeted by more silence. My dad was right, we reached the safe house around two hours later and we were all happy to see a roof which held beds underneath it. Dad walked to the front door but stopped just before it resting his hand on the decaying handle. Then it happened. They came out of nowhere, bursting through the other side of the door pushing my dad off of his legs and onto the…

Jonathan Glazer’s Under the Skin serves as an art piece that dabbles in the science fiction, pseudo-horror spectrum. Throughout the film, there is a feeling of fragmented eeriness, that is only propagated by the masterful scoring, (or lack thereof,) by both the director and the composer. There is a noted lack of dialogue in the film that parallels the specific lack of foley and music in some scenes that add to the tense and twisted storyline. The, at times, uncomfortable silence, whether it be a…

Ring, Ring, Ring! “Class come in and sit in your assigned seat.” Oh 6th grade where life was easy and doing homework was sweet as pie. How could I forget recess, where all my problems flew like the wind as I played tag. Headaches and sleepless nights weren’t even trending in elementary school. Oh careless days I miss you! Writing has influenced my life in many ways, it has allowed me to express myself in silence, expanding my vocabulary skills, and help me communicate with others verbally. In…

the potential of the 21st century and the need to communicate and process life at a faster rate, connecting with people quicker and experiencing new concepts and ideas at a faster rate. It’s ironic how my mom’s college application was slower, handwritten and submitted with an actual stamp, yet I’m doing mine quicker and completely online. I plan to embrace both methods…implementing older and wiser techniques with the conveniences and speed of twenty-first century technology. So, as I step…

out of nothing. In 2011, thousands of adventurers flocked to Finland because of the words it echoed: “Silence, please.” Silence sells. It sells because of its sheer ambiguity. The word itself, rooted in the Latin word for “pain”, has been manifested in society in numerous way. An example of this occurred in 1964. Songwriting duo Simon and Garfunkel desperately compressed the elements of this strange phenomenon in the song “The Sound of Silence,” which enviably hit No. 1 on the Billboard Hot 100…

In an article, The Unconstitutionality of State Statutes Authorizing Moments of Silence in the Public Schools, explains how a moment of silence was intended to be a religious exercise, because it was only endorsed when school prayer was taken out of the schools, and at the same time first thing in the morning just like announced school prayer was announced first thing in the morning. (THE UNCONSTITUTIONALITY OF STATE STATUTES AUTHORIZING MOMENTS OF SILENCE IN THE PUBLIC SCHOOLS, 1983). Many were…