U.S. Supreme Court: Silence Admissible

When faced with questions from a government investigator, a person's silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer. This is a major change regarding how the Fifth Amendment's right against self-incrimination is applied. This change stems from a recent U.S. Supreme Court decision, Salinas v. Texas, 133 S. Ct. 2174, 2013 U.S. LEXIS 4697 (June 17, 2013), that upheld a murder conviction. In Salinas v. Texas, the Supreme Court specifically held that witnesses must affirmatively invoke their Fifth Amendment right (rather than simply remaining silent) when they are participating in a non-custodial interview with law enforcement. The decision is expected to have significant implications for corporations and corporate executives facing government inquiries and investigations.