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Doethineb
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The provision is basically to stop people opening their big mouths and saying foolish things which they later regret. That position has, however, subtly changed in the UK. Nowadays yes, you have the right to remain silent, but on the other hand, if you fail to say anything on which you later rely in putting up your defence, then the court can be invited to draw its own conclusions from your silence. This makes it very difficult for a defendant who failed to have the presence of mind to say such things as: "I had to push him away because he was trying to strangle me" or "I wasn't stealing it, I was replacing it on the shelf having decided not to buy it" at the time of his arrest. |
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airbob61@verizon.net
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A suspect has the right of not incriminating himself. A defendant also has the right not to testify in court against himself, hence no oath to tell the truth. |
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grandmaluvalot
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It is so you don't put your foot in your mouth until you can talk with an attorney. Attorneys will tell you what to tell and how much to tell of the story. |
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Barbara Doll to you
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The onus is not on you to proof yourself guilty. |
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Karen
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An individual being questioned by the police may feel pressure to cooperate with them. The police often encourage a suspect to unburden himself by holding out the possibility that by cooperating, the suspect can untangle himself from the potential criminal charges. This is a common technique used by the police. The police have no intention of helping suspects. Often times, the police – lacking evidence with which to secure a conviction, can only obtain a conviction by compelling a suspect to incriminate himself. Many individuals, desperate to improve their situation, talk to the police, thereby drastically reducing their chances of an acquittal at trial. The police are not interrogating you in an effort to improve your position, they are trying to solve the crime – and at your expense. |
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ascoile
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The police only question people when they don't have any proof. They hope that by answering their questions you will incriminate yourself. If you remain silent you can't do that. |
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Pearl
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It's so you don't incriminate yourself any further until you have spoken to your legal representative. |
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CGIV76
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Miranda warnings are in regards to self incrimination when you are arrested. This does not pertain to identification. When questioned during a court proceeding, you can invoke your 5th amendment rights at any time., but all your saying is if you answer the question, you may be incriminating yourself. |
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Trollbuster
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It's the right to remain silent with police until you've spoken to a lawyer. |
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SnoddersB
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Under police questioning you are cautioned. This because you are not required, in Britain, to condemn yourself. However when in court the requirement is to give truthful answers to enable the court to work. There is however no requirement for the defendant to give evidence. |
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volleyballchick
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You don't have to answer anything when the police ask without an attorney present.
AND
One can take the 5th (right to not self incriminate) when under oath.
But the jury can infer anything they like from those choices. |
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sway_26
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cant you also plead the 5th? But then everyone will just think you are guilty anyway |
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11:11
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You don't have to testify in court. The 5th amendment. |
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ret_roch_cop
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I have to inform you that you have the right to remain silent if I'm taking a statement from you. When you appear in court, you can also refuse to give a statement that would incriminate you by invoking your 5th Amendment rights. If you don't lie, you are not violating your oath. |
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Ian UK
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Some interesting answers here, clearly lots from people who haven't got a clue. One of the most interesting being from 'ascoile' who believes that the Police only question you when they've got no evidence. LMAO!
I don't know how it works in other countries but here in the UK, the Police question you so they can get both sides of the story and give you a fair trial.
When a suspect is arrested, it's up to the custody Sergeant to authorise that persons detention and he has to give reasons why. One of the most common reasons is to obtain evidence by questioning.
As for Karen’s comments on the Police having no intention of helping suspects and only wanting to question to make the person incriminate themselves, LMAO! Again!
I've gone out my way to help people out who are clearly innocent.
At the end of the day, if these people had exercised their right to silence, they would never have had the opportunity to tell me the truth and give me information that I didn't already have. I would therefore never have been able to help them out of what I believed was a false allegation.
At the end of the day, the right to silence does exist but it may not always help to exercise it. In my experience, being silent is as good as saying 'I'm guilty'. If you've got nothing to hide, tell them you’ve got nothing to hide. |
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vdv_desantnik
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The right to remain silent when questioned is intended that you have the right not to incriminate yourself and for the prosecution to prove its case against you. You even have the right to remain silent in court. Many people when questioned by the police sit chattering away and talk themselves into prison |
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zebj25
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You have the right to remain silent, only if you want, need or until you have an attorney present, so that you dont self incriminate yourself. In court you may plead the 5th if the question would incriminate yourself, but not to simple question. |
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copswife
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so you do not incriminate yourself before you get a lawyer. You are basing this question on the fact that the perp would tell the truth. Just because they are sworn, doesn't mean they will tell the truth. |
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london lady
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That thing they say when they arrest you basically means that if you do not say something, when it comes to court, they will ask you why you didnt say anything and why you are talking now, (in court). YOu have the right not to say anything, because when you get arrested, its on suspicion, so they might not have anything over you at all, so if you do say something, it might incriminate you. So you do have the right to say nothing, but in court be prepared to have a reason why you said nothing in interview. Never go no comment. |
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rea4154
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When they tell you have the right to remain silent you DONT have to talk with them. I wouldnt lie to them either tell them you name etc but you dont have to explain to them why you did what you did wrong. |
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wuxxler
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The 5th Amendment give you protection from self-incrimination. That means that you don't have to testify against yourself. It is up to the prosecutor to prove your guilt - you are not required to help the prosecution.
When a cop reads you your rights, he is only reminding you that you have protection under the 5th Amendment.
These are the same rights you have when you are in court. |
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Uncle Joe
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It means you are protected from being pressured in the interview room into admitting complicity in crimes you might not actually have had anything to do with. |
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Marky
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Becasue the cross examination in court by a lawyer under the eyes of a judge and jury is much less pressuered and leading than that of a police officer.
Also, by the time it comes to court, you would have had a chance to properly hear the charges against you and had adequate time to consult with your defence. |
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gmasta_flash
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The right to remain silent is in fact no longer exists in English law. A jury is entitled to infer guilt from the silence of a defendant. |
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evil_paul
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That's not completely true. In a criminal case if you are the defendant then you don't necessarily have to testify. The burden of proof is on the prosecution.
Back to your question, if you know your Miranda rights,they read: you have the right to remain silent, anything you say can will be used against you in a court of law......
Why make a statement that can get you in trouble, or twisted around into a completely different context by a slick lawyer. When the cops question you and you volunteer information they will use it to trick and make you think you said something you didn't, or expose any contradiction in your story. Why make it easy for them.
Besides, if the prosecution has solid evidence (witnesses, physical evidence etc...) your screwed anyway you don't have say anything anyway. |
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.
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Because prior to going to court, you may well need to consult with a lawyer to formulate your defence. It can't be done on the spot in Court - your Counsel would not just be able to ad-lib to protect you. |
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hox15
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Look When Your in court You can take the 5th: the right not to incriminate yourself. It's is the exact samething cops are talking about it's your maranda rights, it's basiclly your Bill of Rights. |
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station24firefighter
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yea but you dont have to say a word until that point |
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Driller Killer
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To prevent self-incrimination. You have thee right to legal counsel prior to speaking with the police.
BUT - the 5th Amendment and your right to remain silent is only applicable to questions about the crime. The police may still ask questions about unrelated topics hoping for a slip up on your part. |
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dirtdevil215
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because you are lying anyway. if you are not a cop ,if you are one of them then you don't lie. that simple |
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