What is the “Right To Remain Silent”
By Charles Brown Question: What is the right to remain silent? Criminal Defense Lawyer: The Fifth Amendment to the U.S. Constitution states that a criminal defendant cannot be compelled to be a witness against himself in any criminal case. This means that a defendant cannot be forced to testify at his trial, nor can he be forced to answer questions by the police before trial. Often, however, a defendants criminal defense lawyer may choose to call the defendant to the stand for strategic reasons, such as to rebut other testimony brought against him. There is a risk to allowing the defendant to take the stand, however. Once on the stand, the prosecutor can cross examine the defendant and then the defendant must answer truthfully. Even a witness who is called to testify at another defendants trial can refuse to answer certain questions if those answers would tend to incriminate him or herself. This is commonly known as taking the Fifth, as in asserting ones rights against self-incrimination under the Fifth Amendment. When a suspect is questioned by the police, he must first be Mirandized or given a Miranda Warning, a terms which refers to the warning required by the Supreme Court Case, Miranda v. Arizona (1966). Miranda states that information obtained by the police through question can only be used as evidence against the person if the individual has been given certain warnings before the questioning begins. As any viewer of television police shows knows, these warnings are: You have the right to remain silent, anything you say can be used as evidence against you in a court of law, you have the right to consult with a lawyer and have a lawyer present during questioning; if you cannot afford a lawyer, one will be appointed for you if you so desire; if you choose to talk to the police officer, you have the right to stop the interview at any time. What avid watchers of police dramas may not know, is that the Miranda protections only apply if the person is in custody (deprived of freedom). Some of my former clients were also under the impression they should have been Mirandized when they were arrested. This is not true. The Miranda warnings must be given when they are questioned while in police custody. Another misconception that occurs as a result of watching a lot of police tv shows is that the case against a defendant must be thrown out if the person is not given a proper Miranda warning. Police errors involving Miranda only exclude the use of information obtained as a result of the improper questioning, but it does not mean the defendant gets a free pass if evidence can be obtained by other means. COPYRIGHT(C)2007, Charles Brown. All rights reserved. Charles Brown, JD is a former criminal defense lawyer who now writes about legal topics. Visit him at Ask A Criminal Defense Lawyer, where you can submit your questions about your legal rights, what to do if you or a family member is ever charged with a crime, how to choose a criminal defense lawyer and how to work with your lawyer throughout your case. Article Source: http://EzineArticles.com/?expert=Charles_Brown http://EzineArticles.com/?What-is-the-Right-To-Remain-Silent&id=423842 free incest adult stories adult toon incest animated incest legality family incest cartoons videos
