Supreme Court Issues Controversial Decision Limiting Right to
Silence  The Supreme Court issued a controversial decision this
week, ruling that a criminal suspect’s refusal to answer a
question posed by a police officer before an arrest can be used
against that suspect at trial, according to a report from the
New York Times.  The decision, which will likely have sweeping
consequences for criminal procedure rules, surprised many legal
analysts, some of whom believe the decision unfairly limits the
Fifth Amendment’s protection against self-incrimination.
According to sources, the Fifth Amendment, which protects
American citizens from testifying against themselves, has long
been held to apply to arrests, as well as during trial.  The
Supreme Court, however, had never previously decided “whether or
under what circumstances pre-arrest silence” in response to
police questioning can be given Fifth Amendment protection,
according to sources.  This week, the Court gave at least a
partial answer to this question when