The Right To Remain Silent


The right of to remain silent after being arrested or accused of a crime has been a vital component of the U.S. legal system since the Puritans fled to the shores of North America in search of religious freedom. This right is guaranteed by the Fifth Amendment. Although most people are familiar with the phrase pleading the Fifth, there are still many misconceptions about what it means to avoid self-incrimination — and many people make the mistake of giving too much information to the police during an interrogation or after they are arrested.

Back in the seventeenth century, English Puritans were questioned about their religious beliefs, often with the help of an expert in the arts of torture. If they refused to answer the questions put to them, they were assumed to be guilty. These experiences led many of the first American colonies to establish the right against coerced self-incrimination, a right that was included in the Bill of Rights. Several centuries later, the Supreme Court made it obligatory for law enforcement to inform people of their constitutional rights when they are arrested. Police officers are required to read the Miranda warning that explains the right to remain silent and the right to legal counsel.

If you are arrested, take advantage of your constitutional rights. Do not provide any information other than the basics like your name and address. This also applies is you are being questioned but have not been arrested. Invoke your right to legal counsel.

Posted in Criminal Defense

Tagged civil rights, coerced self-incrimination, constitutional rights, Miranda rights


Topics:  Criminal Prosecution, Fifth Amendment, Right to Remain Silent, Self-Incrimination

Published In: Constitutional Law Updates, Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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