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“You Have the Right to Remain Silent”

June 13, 2011

–“You have the right to remain silent; anything that you say may be used against you in a court of law.  You have a right to an attorney, if you cannot afford one, one may be appointed to represent you.  Do you understand these rights?” 

We know the Miranda warnings from the many TV police shows.  But, these safeguards are enumerated in the opinion by Chief Justice Warren in Miranda v. Arizona, 384 U.S. 436, decided on June 13, 1966.    “…[T]he  prosecution may not use statements…stemming from custodial interrogation of the defendant” unless procedural safeguards are in place to “secure the right against self-incrimination.”  Id. at p. 444. 

To read more about the right against self-incrimination, see Miranda:  The Story of America’s Right to Remain Silent, by Gary L. Stuart, and The Privilege of Silence:  Fifth Amendment Protections Against Self-Incrimination, by Steven M. Salky.

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