Home -> Law Blog Directory -> Law Students Blogs -> Expressio Unius

Law Students

: Expressio Unius

The 5th Amendment Theory of Families

Under the Miranda rule, testimony that stems from illegal interrogations is generally inadmissible at trial.

That is, the cops have to read you your rights, and if they don't, generally can't use what you tell them to convict you.

Unless, that is, you perjure yourself.

If you tell the court and jury, on the stand, "I didn't confess," even though you did, the prosecution can *then* enter your un-Mirandized confession (so long as it was truly voluntary, i.e. no actual compulsion involved).

The same rule should apply for families on the campaign trail. The rival campaigns should refrain from opening the door to arguments or facts about families. But if you open the door to impeachment, then it's a bridge too far to ask that the media and other campaigns don't address these issues.

Obviously, the scope of "impeachment" evidence in politics is a broad one, but not totally without meaning. And it helps to explain how Palin can argue her daughter's biography should stay out of the race while her son's should stay in.

Full post as published by Expressio Unius on September 06, 2008 (boomark / email).