right to remain silent

right to remain silent

noun Fifth Amendment, privilege against self-incrimination, protection against self-incrimination, right to refrain from testifying against one's self
Associated concepts: Miranda warnings
References in periodicals archive ?
Thompkins, the Court applied the "unambiguous" standard to the right to remain silent, holding there was "no principled reason to adopt different standards for determining when an accused has invoked the Miranda right to remain silent...." (24) Not only did the Court apply this standard in the prewaiver context, but the Court seems to have departed from Miranda's "in any manner" language by requiring a suspect to actually announce in order to invoke his right to remain silent.
The unidentified confident told the Chosun Ilbo that Kim Young Hwan, 49, who was arrested in China in March and returned home last week, apparently "suffered various forms of torture by Chinese authorities, including torture with a cattle prod" during his 114 days in detention while he was exercising his right to remain silent.
In practice, the police or justice ministry will provide the person with a letter of rights' listing his basic rights during criminal proceedings, such as: the right to remain silent, to a lawyer, to be informed of the charges, to interpretation and translation in any language, to be brought promptly before a court following arrest and to inform someone else about the arrest or detention.
The conviction of a man or woman on an unrelated crime should not deprive them of their legal right to remain silent, and that - as the warning made famous by TV cop shows puts it - anything they say can and will be used against them in a court of law.
If the police arrest a mime artist do they tell him he has the right to remain silent? Whose cruel idea was it have an 's' in the word lisp?
Thompkins, (12) the Court held that a suspect must affirmatively invoke his right to remain silent; mere silence alone will not automatically invoke the right.
WASHINGTON: The White House is reviewing a plan that would require the Justice Department and FBI to consult with the intelligence community before deciding whether to inform terrorism suspects arrested in the United States that they have the right to remain silent and to consult with an attorney, according to the Washington Post.
* the person taking the statement must clearly explain to the young person, in language appropriate to his or her age and understanding, the right to remain silent and the right to consult a lawyer or other appropriate adult;
At a time when the Respect the Ref campaign in gathering momentum we must respect this highly-rated ref's right to remain silent and wish him well for his toughest challenge yet.
"You have the right to remain silent. Anything you do say may be given in evidence.
Our great and independent judicial branch has, through tireless effort and stalwart adherence to law, led the way in securing from the very bedrock of our democracy these essential "tools." The right to remain silent, the right to be presumed innocent, and the right to challenge the state's case by trial are guarantors of this process.
A friend said: "He answered every question they asked him and didn't use his right to remain silent. But just like Kate, he repeatedly asked them what evidence they have against them both.