Difference between revisions of "Right to Silence"
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#If you cannot afford a lawyer one will be appointed for you. | #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. | 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. | ||
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| + | == International Sources == | ||
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| + | There is no express "right to silence" guaranteed in any international instruments like the the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic and Social Rights (ICESR). | ||
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| + | In the international sphere, the closest that exists to a right to silence can be found in: | ||
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| + | *''' ICCPR Article 14 (3) (g)''' - | ||
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| + | * '''UN Convention on the Rights of the Child, Article 40 (2) (b) (iv)''' - | ||
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== Examples of the right to silence == | == Examples of the right to silence == | ||
