5th amendment By: Evany Flores 9.5

5th amendment in the constitution states, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury,..."

Salinas v. Texas

What we know.... 2 brothers were shot at there house in Houston Texas. A party was thrown there the night before. Salinas was at the party that day. Shot gun shells were left at the scene of the crime. No witnesses at the crime.

Salinas side Allowed them to question him. They did not arrest or read him his Miranda rights He gave them his shot gun for testing. when asked if the shells of the shot gun would match the ones at the crime stopped talking.

Court room Salinas did not testify. He argued they violated his 5th amendment right. He remained silent. Supreme Court said The prosecutors can not bring up the defendant refusals o answer the state questions.

Court room Salinas silence of response lead to another question as evidence of his guilty at trial did not violate the Fifth Amendment because petitioner failed to invoke his privileges not to incriminate himself in response to the officer’s questions

Courts ruling Found him guilty in second trial of murder On simply because he decided to excise the 5 amendment and him not speaking was questionable and lead to high suspicion He was charged with this crime based on only his silence.