The recent Supreme Court case of Genovevo Salinas versus the State of Texas, where Salinas was charged with a double homicide, has redefined “the right to remain silent.” 

The statement is the first in a series of statements known as Miranda Rights, which were evaluated by the court during this case, said Tim Collins, political science professor at UNA.

“Mr. Salinas was questioned by the police,” Collins said. “He answered most of their questions, but there was one question where he was silent. That was about whether or not the shotgun shells found at the crime scene would fit his weapon.”

So what is the problem?

Salinas believed he was using his fifth amendment rights, but the Supreme Court ruled that he did not, Collins said.

“The argument of the court was, ‘Should his being silent be an indication that he is invoking his fifth amendment rights?’” Collins said. “The majority of the court, a five-four decision, decided that you have to formally evoke your right to remain silent.”

Does he not have the right to remain silent?

We sometimes mistake the actual meaning of the fifth amendment, Collins said.

“There’s a misconception that you have a right to remain silent, regardless of whether or not it’s incriminating to you,” Collins said. “That’s not necessarily the case. There are exceptions to the rule.”

Does that change the fifth amendment?

Those exceptions make the coverage of the fifth amendment more strict, Collins said.

“The fifth amendment doesn’t establish a complete right to be silent,” Collins said. “It only guarantees that the criminal defendant may not be forced to testify against himself. The court also has a right to know your reasons for evoking that right.”

What do students at UNA think?

Quinton Lane, a UNA sophomore, believes the portrayal of the fifth amendment on television could be leading to confusion as to how it actually works.

“I didn’t know you had to vocalize (the fifth amendment),” Lane said. “I’ve watched cop shows on TV where usually if someone doesn’t want to answer a question, they just don’t answer it. They don’t ever say they are using their fifth amendment right.”

Defendants shouldn’t necessarily be punished if they don’t understand how a legality works, Lane said.

“There should be some leeway because not everyone is legally informed,” Lane said. “A common person doesn’t know the ins and outs of the legal system.”

Individuals don’t take enough initiative in staying informed of their rights, said Daniel Francis, a UNA student.

“A lot of people don’t care about their rights,” Francis said. “They don’t go out and look up the laws or look at different cases.”

Francis has had experience using his fifth amendment rights before, he said.

“I’ve been pulled over by cops a few times, and I naturally want to go to my fifth amendment rights,” Francis said. “I feel that if I have to vocalize that, it kind of defeats the purpose of remaining silent.”

Communication is key in any legal situation, said Katie Todd, a UNA graduate student.

“I think it’s the law’s responsibility to vocalize, ‘Are you going to use this right?’ and it’s also the suspect’s responsibility to say, ‘I’m going to use this right,’” Todd said.