You Have the Right to Remain Silent
Video Transcribed: This is Wagoner, Oklahoma Lawyer Stuart Ericson, and we are continuing our talk on the Bill of Rights, our rights as US citizens, as it comes in regard to criminal cases. Today we’ll talk about the Fifth Amendment, your Fifth Amendment rights, which is in the Bill of Rights, and I will read that.
Amendment Number Five. Fifth Amendment Rights in criminal cases. “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 an actual service and 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.”
So, that is your Fifth Amendment right. Most famously known for your right to remain silent, which is, you do not have to speak. You can’t be forced to incriminate yourself, so that’s very important. And again, as you heard, the Fifth Amendment covers more than just your right to remain silent.
You get to know the charges against you. They have to be told to you. It can’t just be like, “Hey, you’re arrested. We’re not even going to tell you what you’re charged with.” You have to have a right to defend yourself, so as to know the charges against you.
No double jeopardy. You can’t be tried twice for the same thing. If you take something to trial and are acquitted and found not guilty, they can’t redo it. There is no double jeopardy, and that’s found in your constitutional rights.
You can’t be compelled to testify against yourself. And again, that goes along with your right to remain silent, which is a very important right. You absolutely have the right to remain silent, and that dovetails into the Miranda rights that have to be given. That’s from the us Supreme Court case, Miranda versus Arizona in 1966, where law enforcement is basically required to advise people of their Fifth and Sixth Amendment rights, but they don’t always apply.
It applies basically if you’re in custody or under arrest, or not free to leave. Without that scenario, yeah, police can ask questions and you can answer. But if there’s going to be an interrogation or questioning of somebody who’s in handcuffs, not free to leave, or who’s been arrested, then those rights have to be given to you. Basically, you are right to remain silent. Anything you say can be used against you. Your right to an attorney. If you can’t afford one, one will be appointed for you.
So basically, just because you’re arrested doesn’t mean Miranda applies. If they don’t want to question you, they don’t want to ask you any questions, obviously, they don’t have to give you your Miranda rights. It’s only when they want to question you, and you are under arrest, in custody, and not free to leave. So, your Fifth Amendment rights are very important.
If you have any questions about that, reach out to me, at stuartericson@wagonerlawyer.com.
