Remaining Silent..Literally

rkm

Well-Known Member
Just curious what would happen in court if a person remained silent, I mean refusing to speak at all, with the exception of maybe only giving name and any identification. Just wondering what would happen to an individual that would do that regardless if they were guilty or not guilty.
 

rkm

Well-Known Member
Name, rank, and serial number.

Right. I understand there would more than likely be some contempt charges, but outside of that what more could they honestly do? I mean going all the way with it, which includes not speaking to attorneys or anything.
 

chuckbane

New Member
recently here in canada we had a man randomly stab and decapitate someone he didnt know on a public bus, unprovoked.

all he said in court was "kill me"

he has been under psychiatric observation for A WHILE now
 

projectearth

Active Member
Oh yea dude. I heard a bout that shit and looked it up a little bit. Apparently he started eating the guys neck.. you guys got some fucked up people over there.
 

xpyr0x666

Active Member
Depends on what your remaining silent about. If they know your holding info that doesn't involve you, such as protecting someone else then I would assume you'll get charged with contempt or obstruction. The fifth provides protection from incriminating your self, not covering for others.
 

whulkamania

Well-Known Member
recently here in canada we had a man randomly stab and decapitate someone he didnt know on a public bus, unprovoked.

all he said in court was "kill me"

he has been under psychiatric observation for A WHILE now

That is fucking awesome.
 

Seamaiden

Well-Known Member
Just curious what would happen in court if a person remained silent, I mean refusing to speak at all, with the exception of maybe only giving name and any identification. Just wondering what would happen to an individual that would do that regardless if they were guilty or not guilty.
It depends on the judge, but I would expect that if they order you to give certain information that would not be considered by the court to be incriminating evidence (where the 5th is invoked) then you'd be slapped with a few contempt of court orders. They usually figure some jail time with Bubba will get a body to open up, one way or the other.
 

matthew

Well-Known Member
Really going to depend on the situation. I would not recommend it in a traffic stop because you might end up with some shiny new bracelets. On the other hand walking down the street or standing outside a store, you don't have to answer SHIT. Well I say that, if you are smoking a J or have your pants so low they can see a weapon then I would speak up.
 
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