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@ariaflame@masto.ai

Post #1582598

2026-04-20 05:52 UTC

@davidtheeviloverlord @aby Good to know, I didn't want to fall into the trap of assuming that USA rules applied everywhere. Can silence be used as evidence though? Do we have the equivalent of the 5th?

Replies (2)

  • @ariaflame @aby Just a little bit of online searching says we have the right to not incriminate ourselves, based on: Caution: you do not have to say anything... Presumption of innocence. Burden of proof is on the prosecution. The last two points: you don't have to prove you are innocent. They have to prove you're guilty. And you don't have to help them. Might look a bit further.

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  • @aby@aus.social 2026-04-20 06:19

    @ariaflame - US laws definitely don't apply everywhere. These aren't US laws. It also exists under Australian common law. The right to silence isn't a US concept, it's a legal concept that exists outside of geography. You're just familiar with it being part of US legislation because you watch US movies. But, in the same way that speed limits aren't a US idea even though we see it in movies, the right to silence aren't a US idea. There are Wikipedia entries that talk about it, if you're interested in further information. @davidtheeviloverlord

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