You Don’t Have the Right to Remain Silent The Supreme Court’s terrible—and dangerous—ruling this week on the Fifth Amendment. (Berghuis v. Thompkins, 560 U.S. 370 (2010).) The Fifth Amendment establishes the right to remain silent and the right not to be a witness against yourself in a criminal case. “You have the right to remain silent…” is a phrase that is said every time cops put handcuffs on a person. What does the 5th Amendment require? The Miranda warning outlines the following rights: You have the right to remain silent; Anything you say can and will be used against you in a court of law By Brandon L. Garrett (From the public domain.) Mitchell is black letter law, despite the firm dissent of four justices therefrom. Effectively, you’re protected from police questioning or trial. This important constitutional amendment means you do not have to provide an answer that would incriminate you. Plead The Fifth verb to plead the fifth In a United States court case to cite ones own Constitutional right in the Fifth Amendment to remain silent as a defendant or to not be forced to testify against ones self. The 5th Amendment requires that no one, including the judge, prosecutor and witnesses, CANNOT comments on the invocation of a constitutional right. However, with so… The Fifth Amendment of the United States Constitution provides the right to remain silent, it is also less commonly known as the right not to incriminate oneself while testifying in court or speaking with law enforcement or prosecutors. What Are Your Miranda Rights? My summary of findings is that it is most likely best to remain silent and not say anything to authorities about anything whatsoever, not assist in investigations, and generally assume that you may be a suspect in whatever they may be attempting to question you about. This means that you cannot be compelled to reveal information that might implicate you in a crime. Under the Fifth Amendment of U.S. Constitution, a witness has the right to remain silent on the stand if testifying would cause him to incriminate himself. Bill of Rights. The following is an overview of your Fifth Amendment Miranda rights, including when police must read you your rights and what happens when they fail to do so. To the Court, the suspect's silence doesn't invoke the Fifth Amendment rights—if, after remaining silent for a period of time, he provides a statement, that statement is likely admissible. Typically, The fifth amendment to the United States Constitution does not say explicitly that you have the right to remain silent. A criminal defendant’s right to remain silent does not go out the door through a conviction following a guilty plea or trial. Constitution, pursuant to the Fifth Amendment, protects their right to remain silent when questioned by police officers or governmental officials.4 Countless television shows and movies have portrayed scenes where police inform suspects of their right to remain silent. 1307 (1999). It’s part of your Miranda Rights, and it is your Fifth Amendment right, which offers you to privilege to not self-incriminate if you have been arrested.. Mitchell v. U.S., 526 U.S. 314, 119 S.Ct. It does say that you do not have to be a witness against yourself. I recently became interested in the nuances of "right to remain silent" vs "obstruction of justice" and one's 5th amendment rights. Think of it as the courtroom equivalent of your right to remain silent while being arrested: if answering the question would implement you in a crime, you can refuse to answer. 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