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Portrait of English judge Sir Edward Coke. Neither the reasons nor the history behind the right to silence are entirely clear. The Latin brocard nemo tenetur se ipsum accusare ('no man is bound to accuse himself') became a rallying cry for religious and political dissidents who were prosecuted in the Star Chamber and High Commission of 16th-century England.
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one ...
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Simon’s defense attorney Robert Persse said that there were four times between October and November 2022 when Simon invoked her right to an attorney or to remain silent.
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
Salinas v. Texas, 570 US 178 (2013), is a landmark decision of the Supreme Court of the United States, which the court held 5-4 decision, declaring that the Fifth Amendment's self-incrimination clause does not extend to defendants who simply choose to remain silent during questioning, even though no arrest has been made nor the Miranda rights read to a defendant.
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After nearly three decades of holding annual silent protests to raise awareness for LGBTQ rights, students across the nation are speaking out Friday, spurred by the recent spate of laws aimed at ...