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Re:"White hat" Facebook hacker gets 8 months in jail by abalashov on Sunday February 19, 2012 @04:33AM (#3609041)
Judges can make inferences based on a person's silence during police question.

Judges can do that here, too. No constitution can stop them from making inferences.

Re:"White hat" Facebook hacker gets 8 months in jail by DanBC on Sunday February 19, 2012 @04:46AM (#3609058)
But a Judge in England can say that s/he is taking the defendant's refusal to answer questions in a police station, or a refusal to testify, as evidence of guilt.

A US judge saying that would leave the case open to appeal.