Litigation » Silence Admissible As Criminal Evidence

Silence Admissible As Criminal Evidence

Business-man sitting at the desk, hands crossed.

September 17, 2013

Failing to speak up can be used as evidence in a criminal action, though it doesn’t count as a separate charge, according to a district court judge in Louisiana. In an obstruction of justice case filed against BP, the court allowed evidence that a former engineer “sat passively” in a meeting where company officials presented information that the government claims the engineer knew was false. The judge’s ruling in this case raises difficult questions about what particular individuals can – or must – say in meetings with government officials.

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