Exclusive Content
Access to the page you selected is exclusive.
If you are a member or have acccess, Login.
If you are not a member yet, please join NACDL and the fight for a fair, rational, and humane criminal legal system now.
Silence Is No Longer Golden: How Lawyers Must Now Advise Suspects in Light of Salinas v. Texas
Almost 70 years ago, Justice Robert Jackson made the following observation in Watts v. Indiana: “[A]ny lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.”1 But after the Supreme Court’s recent decision in Salinas v. Texas,2 Justice Jackson’s once-stalwart advice could be tantamount to malpractice if police question a suspect in a noncustodial context. Silence is no longer golden.