0
When would one hear the phrase 'you have the right to remain silent'?
Wiki User
∙ 10y ago
One would hear the phrase 'you have the right to remain silent' when one is being arrested by a police officer. This phrase originates from the need of a suspect to be informed of his rights.
Wiki User
∙ 10y ago
Add your answer:
Earn +20 pts
Do you always have the right to remain silent in court?
No.Added: If you do not wish to answer a question put to you in court you must plead the Fifth Amendment (self-incrimination) as the reason.The reason you don't always have the right to remain silent is that it comes from your right not to be forced to incriminate yourself under the Fifth Amendment. If the government promises you immunity from prosecution for any crime committed by you that would be revealed by your testimony, you no longer have the right to remain silent because you would not be incriminating yourself.
Why do police say you have the right to remain silent?
Withholding information and your right to remain silent are different. The fifth ammendment states that you have the right to remain silent on subjects that may incriminate yourself, in other words, you don't have to say anything to the police that would incriminate you personally, however, if you know details of a crime involving other parties and you willingly and knowingly withhold that information from the police, you can be charged with obstruction of justice or something like that.
What laws would you choose?
The law to remain silent
Why is the k silent in the word knowledge?
The "k" in "knowledge" is silent because of the word's history and evolution from Old English. Over time, pronunciations of words can change while their spellings remain the same.
Who case established rights to be read at the time of an arrest?
The court in which your trial will take place. The US SUPREME COURT ruled in Miranda V. Arizona. You be read the following: You have to the right to remain silent, If you choose to give up that right to remain silent anything you say can and will be used against you in the court of law. You have a right to a lawyer if you can't afford a lawyer one will be appointed. Do you understand these rights? Your response would be yes. If you understand?
How do you relate the Bill of Rights to the Miranda Warning?
The "Bill of Rights" includes the Fifth Amendment to the U.S. Constitution which provides that no person may be forced to be a witness against himself (in other words he has a right to remain silent when questioned). In the Miranda case, the Supreme Court ruled that, where a prisoner was not informed of his right to remain silent, the prosecution could not use his confession in court because that would be a violation of his Fifth Amendment rights.
If you are arrested by the police what due process rights are you guaranteed?
If arrested by the police, you are guaranteed the right to remain silent, the right to an attorney, and the right to a fair and speedy trial. These rights are protected under the Fifth and Sixth Amendments of the U.S. Constitution.
What would you choose?
The law to remain silent
Exercising the right to remain silent may be used to protect a person from?
By exercising your right to remain silent you are protecting yourself from offering information that may be used as evidence against you in a criminal trial. You may also be protecting yourself from providing an untruthful alibi, the evidence of which may also be used against you in a criminal trial. However, your "right to remain silent" is only applicable when you are in custody and the police are interrogating you. (see "Miranda v. Arizona") **** You always have the right to remain silent, even when you are not under arrest. You are never compelled to testify against yourself. **** You can never be physically compelled to answer a question, of course, but your constitutional right to avoid providing incriminating testimony is only present when you are in custody and are being interrogated. In that circumstance there cannot be any negative consequences if you refuse to answer questions. However, in other circumstances, you can be arrested for interfering with an officer if you refuse to answer basic questions or identify yourself. An example would be if you are stopped on the street by an officer investigating a crime for which you fit the description of the perpetrator and you refuse to identify yourself. In that circumstance you could be arrested.
What legal safeguards would be afforded to you?
If you are arrested in the United States you have the following rights as set forth in the Miranda Warning:You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning.
How does the preamble bill of rights and the constitution helps us?
It gives America all their rights as citizens. Freedom of speech, right to remain silent (pleading the fifth) and more. Without the constitution and bill of rights, we would not have any rights and the government would easily tear us apart.
If police arrest a mime do they tell him he has the right to remain silent?
Of course,but he can "wave" that right if he so chooses. (Mimes communicate with hand and body signals.)
