Silence Admissible As Criminal Evidence

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.