The Fifth Amendment provides the protection from self incrimination.
The Supreme Court recently confirmed that Miranda warnings are constitutionally required because of a 1966 case called Miranda v. Arizona. When a person is in custody, some version of the Miranda rights, such as the following, is read to the individual before questioning: "You have the right to remain silent. If you give up 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 an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning." The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. Many people feel obligated to respond to police questioning. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney. If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible. However, it may be difficult for your attorney to suppress your statement or confession in court. The best rule is to remain silent. You have the right to an attorney. Insist on it.Charles Miranda was a person who was arrested by police and not given any formal warnings as to what the consequences could be if he makes a statement to the police, especially one that incriminates himself. The two basic Miranda warnings are that you have the right to remain silent and the right to an attorney being present when making a statement. It further states that any time during the questioning you can remain silent and not answer any questions, the police cannot make any threats, coercion, or promises in order to induce you to make a statement: the statement must be of your own free will. It also states that you have the right to a court appointed attorney if you cannot afford one. Finally, it states that any statement you do make to the police can be used against you in trial.
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 an attorney. If you cannot afford an attorney, one will be provided for you at interrogation time and at court.
Right to remain silent Right to be represented by Attorney Right to have an attorney appointed to you if you cannot afford one. NOTE: In other countries, you may have no rights.
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.
The Right to Remain Silent.
An officer uses the Miranda rights anytime he takes a suspect into custody, he reads them to the suspect and asks him if he understands. If you are accused of a crime you will be read the Miranda rights. You say that you have heard the rights, that you understand them, and then you let the officer know if you want to remain silent until you have an attorney or waive the right to remain silent.
"The right to remain silent" is one of the Miranda rights, established by the Supreme Court in 1966.
The Miranda rights in Alabama are the same as they are across the United States. Reading the Miranda rights became a national precedent in 1966. They are the right to remain silent, and the right to an attorney.
The Miranda Rights declare the right to remain silent and the right to an attorney. They are no the source of these rights. These rights are outlined in the 5th and 6th amendment.
Under the supreme court case Miranda vs Arizona, in which it was declared that those being arrested are to be read their rights to them, including the right to remain silent and the ability to get an attorney. This can also be seen in the Fifth Amendment.
1) The right to remain silent. 2) The right to have an attorney.
The first line of the Miranda rights is often read "You have the right to remain silent." This means that a suspect can remain silent and not say anything self-incriminating. This right comes from the 5th amendment.
Miranda rights
The Miranda rights come from amendments 5 and 6. The 5th amendment asserts the right to remain silent. The 6th amendment asserts the right to an attorney.
right to remain silent and the right to an authority of law, miranda rights when arrested
Silent
When the police took the suspect into custody, they read him his Miranda rights. The Miranda rights are the national precedent for reminding a suspect of her rights. The supreme court's decision in Miranda v. Arizona led to the adoption of the Miranda rights.