The right to remain silent is one of the most fundamental protections in the United States. This right is rooted in the United States Constitution’s Fifth Amendment, which is meant to help shield people from being forced to incriminate themselves in a criminal case.
When a person is being questioned while in police custody, the officers must read the individual their Miranda rights. These were established in the 1966 case Miranda v. Arizona, which went before the United States Supreme Court.
Why are Miranda rights important?
The Miranda rights are important because they remind the person of their right to remain silent at a time when they’re under stress. Without this reminder, it’s possible that the person will forget that their constitutional rights apply in these cases.
The Miranda rights include the right to remain silent and the right to legal representation. It’s critical that anyone who’s facing questioning by the police seek legal guidance so they don’t say anything that will incriminate them.
How can someone invoke their rights?
Remaining silent isn’t enough to invoke the Miranda rights. Instead, a person who’s being questioned by police officers should clearly state that they want to invoke their rights. This can be done by saying “I choose to remain silent” or “I want to speak to my attorney.”
The key to doing this is that the invocation must be clear and concise. Once the invocation is made, law enforcement officers have to abide by the invocation. This means that they must stop all questioning of the individual, including by officers who aren’t present at the time of the invocation.
If a person opts not to invoke their Miranda rights, anything they say can be included in the criminal case against them. If a person invokes their Miranda rights and police don’t respect that invocation, it might be possible for them to use that as part of a defense strategy. Working with someone familiar with these matters may be beneficial.
