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If you are defendant and choose to take the stand, you waive the right to remain silent at least on the subjects that you testified about on direct. For witnesses, there is the option to invoke the Fifth Amendment on some subjects and not on others.
Before any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.
Fifth Amendment: Right to Remain Silent. “ Taking the Fifth ” refers to the practice of invoking the right to remain silent rather than incriminating oneself. It protects guilty as well as innocent persons who find themselves in incriminating circumstances.
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Is the right to silence the same as the Fifth Amendment?
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Oct 5, 2023 · Miranda rights allow you to choose not to answer an officer's questions, and you may request an attorney. However, you must affirmatively invoke your rights to remain silent and to an attorney. Once you invoke your right to remain silent, police must stop questioning you.
Known as Miranda rights, these rights include the right to remain silent, the right to have an attorney present during questioning, and the right to have a government-appointed attorney if the suspect cannot afford one.
The Fifth Amendment “Does Not Establish an Unqualified ‘Right to Remain Silent’”. C. “Police officers ‘have done nothing wrong’ when they ‘accurately stat [e] the law.’”. IV. Conclusion. “‘You have the right to remain silent.’. It’s probably the best known phrase to emanate from our Constitution.”.
Aug 30, 2023 · Additionally, the Fifth Amendment gives citizens the right to remain silent during police custody. The 1966 Supreme Court case, Miranda v. Arizona, established Miranda rights. Police must give a suspect who is in police custody their Miranda warnings before they can begin interrogations.
