Difference between revisions of "Right to Silence"

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(Created page with ' == Background == In a landmark case decided by the United States Supreme Court, Miranda v. Arizona, the court ruled that when a suspect is taken into police custody, prior to �')
 
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== Background ==
 
== Background ==
  
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The rights are as follows:
 
The rights are as follows:
 
#You have the right to remain silent.
 
#You have the right to remain silent.
#Anything you say can and will be used against you in a court of
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#Anything you say can and will be used against you in a court of law.
law.
 
 
#You have the right to a lawyer.
 
#You have the right to a lawyer.
 
#If you cannot afford a lawyer one will be appointed for you.
 
#If you cannot afford a lawyer one will be appointed for you.

Revision as of 11:42, 19 April 2010

Background

In a landmark case decided by the United States Supreme Court, Miranda v. Arizona, the court ruled that when a suspect is taken into police custody, prior to any interrogation by the police, the suspect must be provided with a warning advising the suspect of his constitutional rights secured through the 1st, 5th and 6th Amendments. These are often called the "Miranda Rights" or the "Miranda Warning." If the police fail to give these warnings or the suspect doesn't knowingly and voluntarily waive these rights, any statements the suspect makes cannot be used at trial. The rights are as follows:

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to a lawyer.
  4. If you cannot afford a lawyer one will be appointed for you.

Miranda rights are only required to be read to a suspect, when the suspect is in the custody. A suspect is in custody if his liberty is constrained in such a way that a reasonable person would not free to leave. The rights are also only required to be read to a suspect when a suspect is interrogated by the police. Interrogation need not be direct questions. It occurs when the police make statements that could reasonably be expected to elicit an incriminating response. The Miranda decision also mandated that if a suspect is being questioned by the police, and the suspect requests a lawyer, the police must stop the questioning until the suspects lawyer arrives. If a suspect invokes his right to remain silent all questioning related to the particular crime must stop.


Examples of the right to silence

In the Indian legal system, Article 22(1) of the Constitution of India provides that the arrested person should be informed as soon as possible about the grounds of his arrest and he shall not be denied the right to consult with and to be defended by a legal practitioner of his choice. Article 20(3) of the Constitution of India, which is based on the 5th Amendment of the U.S. Constitution made in 1791 provides that "no person accused of any offense shall be compelled to be a witness against himself."