OK - this is going to take some time to examine. For criminal defense attorneys like myself this is a big issue. I am just going to take a moment today to explain to my readers from foreign countries the importance of "the right to remain silent" in American Criminal Law jurisprudence.
The first 10 Amendments to the U.S. Constitution are known as the "Bill of Rights." These are inalienable rights which enshrine certain rights to U.S. citizens that are non-negotiable. They cannot be taken away. This is not to say that these rights cannot be defined and litigated; this occurs all the time. But, as stated, one of the basic premises of U.S. law is that these rights cannot be taken away by governmental authorities.
The 5th Amendment to the U.S. Constitution reads as follows:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Although wordy, for criminal defense lawyers like myself, the most important statement in this Amendment is that no person shall be compelled in any criminal case to be forced to testify against himself. In other words, just because a person does not say anything regarding the offense, it CANNOT be used against him (i.e. as an admission of guilt).
The first 10 Amendments to the U.S. Constitution are known as the "Bill of Rights." These are inalienable rights which enshrine certain rights to U.S. citizens that are non-negotiable. They cannot be taken away. This is not to say that these rights cannot be defined and litigated; this occurs all the time. But, as stated, one of the basic premises of U.S. law is that these rights cannot be taken away by governmental authorities.
The 5th Amendment to the U.S. Constitution reads as follows:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Although wordy, for criminal defense lawyers like myself, the most important statement in this Amendment is that no person shall be compelled in any criminal case to be forced to testify against himself. In other words, just because a person does not say anything regarding the offense, it CANNOT be used against him (i.e. as an admission of guilt).
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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