American Board of Criminal Lawyers files amicus curiae brief in significant Fifth Amendment case before U.S. Supreme Court
Clients American Board of Criminal Lawyers (ABCL)
In February 2013, Jones Day filed an amicus brief before the U.S. Supreme Court on behalf of the American Board of Criminal Lawyers seeking reversal of a Texas Court of Criminal Appeals ruling that the Fifth Amendment Self-Incrimination Clause does not protect a defendant's refusal to answer law enforcement questioning before arrest or the reading of Miranda rights. The brief argues that allowing prosecutors to use defendant's silence during questioning as substantive evidence against them violates the Fifth Amendment and would permit government overreaching and abusive tactics in white-collar criminal investigations in particular.
Salinas v. Texas, No. 12-246 (U.S.)