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Originally Posted by speedrrracer
Different word, same failings. Conduct still implies action, and silence is still the absence of action. Corpses cannot engage in conduct.
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That is the point. The object of a question is not a corpse. An individual to whom the question "Did you shoot John Smith?" is posed, and who decides to respond by folding his arms and going strangely silent has made a conscious decision that his interests are better served by his silence than by any words whatsoever.
Behaviors, conduct and responses may all indicate a guilty state of mind.
If I am wearing the shiny badge and the magic blue shirt and I ask you "did you shoot John Smith?" and you respond with "well, yes. Yes I did.", I will come to a conclusion based on that response.
If I pose the question and you turn around and run away as fast as you can, I will imagine that you have chosen a course of action that reflects your interests and your state of mind.
The same may be said of the affirmative act of deciding to go silent.