In a piece in the New York Times, Michael S. Schmidt, explains how a baseball icon has been reduced to the status of a suspected felon. Once again, the culprit is Clemens’ failure to simply remain silent in the face of governmental intrusion into his life. Whether he...
Month: August 2010
Blagojevich and Remaining Silent in a Jury Trial
It is easy for criminal defense attorneys to tell clients that it is better not to testify during a jury trial. Convincing them to take your advice is another story. Just look at Blagojevich. It is human nature to want to explain your way out of trouble. As described...
Constitutional Rights are for Everyone, Including the Right to Shut Up
So, we finally get to the juicy bit. This shows the other side of the bad penny you toss every time you waive the Fifth Amendment and talk to the government, and forget your right to Shut Up. When you try to talk your way out of things, sometimes you make mistakes in...
The Fifth Amendment: The Ultimate Protection from Government
Last time we talked about the fundamental importance of the right to remain silent. Experienced criminal defense attorneys will all tell you that half of their clients wouldn’t be clients if they had only invoked their right to remain silent. When the police question...
The Right to Remain Silent: Use It or Lose It
What do public figures from Richard Nixon to Martha Stewart all have in common? They lied. But, they didn’t lie to just anybody. (I mean that wouldn’t really distinguish them from most other public figures now, would it?). No, they lied to government officials during...