The cases to select from and the issue on each:
Salinas v. Texas, 570 U.S. 178 (2013)(5 – 4 decision) :https://supreme.justia.com/cases/federal/us/570/178/#tab-opinion-1970706 (Links to an external site.)
Issue: Where person answers questions asked by police regarding a crime, but then suddenly stops answering and remains silent to a particular question, can the silence be introduced at trial to show guilt, or would such reference violate the 5th Amendment prohibition of being a witness against oneself?
After reading the majority opinion by Justice Alito, consider the dissent by Justice Breyer.
Which opinion/argument do you find more persuasive? Why?Sample Solution