Right to silence

The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.It is reasonable that innocent persons faced with a serious accusation might wish to consider their situations carefully before making any disclosure, especially where the circumstances appear suspicious but it cannot be assumed that they are rational and articulate. In many cases, suspects may be emotional, perhaps panicked, inarticulate, unintelligent, easily influenced, confused or frightened or a combination of these. They may be unable to do themselves justice. Such persons may be well advised to hold their peace, at least at an early stage. They may, of course, have something to hide, but that something may simply be shameful and not a crime, or it may implicate others for whom they feel responsible. The supposition that only a guilty person has a reason for not speaking freely to investigating police is an unreasonable assumption.You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?Before I ask you any questions I must tell you that you have the right to remain silent.I am arresting you for (charge). It is my duty to inform you that you have the right to retain and instruct counsel without delay. You may call any lawyer you want. There is a 24-hour telephone service available which provides a legal aid duty lawyer who can give you legal advice in private. This advice is given without charge and the lawyer can explain the legal aid plan to you. If you wish to contact a legal aid duty lawyer, I can provide you with a telephone number. Do you understand? Do you want to call a lawyer? You are not obliged to say anything, but anything you do say may be given in evidence in court.Suspects will be informed of their rights following the arrest;They will be given a 'letter of rights' spelling out their rights in writing;The letter of rights will be easy to understand, without legal jargon;It will be made available in a language the suspect understands;It will contain practical details about the person's rights. the right to remain silent under police questioning and the privilege against self-incrimination are generally recognized international standards which lie at the heart of the notion of a fair procedure under Article 6. English:'You are not obliged to say anything unless you wish to do so but what you say may be put into writing and given in evidence.'I am speaking to you about/You have been detained for/You have been arrested for . You have the right to remain silent. You do not have to make any statement. Anything you say will be recorded and may be given in evidence in court. You have the right to speak with a lawyer without delay and in private before deciding to answer any questions. Police have a list of lawyers you may speak to for free.I am speaking to you about/You have been detained for/You have been arrested for . You have the right to remain silent. You do not have to make any statement or answer any questions. If you agree to make a statement and/or answer any questions you can change your mind and stop at any time. Anything you say will be recorded and may be given in evidence in court – this means if you are taken to court for what you say to me may be retold to the judge or jury. You have the right to speak with a lawyer and/or any person nominated by you without delay and in private before deciding whether to make any statement or answer any questions. You have the right to have your lawyer and/or nominated person with you while you make any statement or answer any questions. Police have a list of lawyers you may speak to for free.Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.There being no evidence presented to show that said confession were obtained as a result of violence, torture, maltreatment, intimidation, threat or promise of reward or leniency nor that the investigating officer could have been motivated to concoct the facts narrated in said affidavit; the confession of the accused is held to be true, correct and freely or voluntarily given.It is high-time to educate our law-enforcement agencies who neglect either by ignorance or indifference the so-called Miranda rights which had become insufficient and which the Court must update in the light of new legal developments:In cases an arrest is conducted by an officer, the officer must inform the arrestee of the charge, produce to him a warrant of arrest, if any, and enlighten him that he has the right to remain silent, that anything he says can and will be used as evidence in a trial, and that he also has the right to meet and confer with a counsel or person to become his counsel. If the arrestee wishes to inform his relative or intimate of his arrest and the fulfillment of his wish would not be difficult and not be disruptive to his arrest or restraint or detrimental to any person, the officer shall allow the arrestee to so fulfill to the extent reasonable according to the circumstances. In this respect, the arresting officer shall also draw up a record of arrest.An officer or private citizen conducting an arrest must without delay bring the arrestee to the judicial police office under section 83. Upon arriving there, the arrestee must be delivered to an administrative or police officer thereof to further be dealt with as follows:Everyone arrested or detained shall be informed without delay of the reasons for his or her arrest or detention, apprised of his or her rights, and from the moment of detention shall be given the opportunity to personally defend himself or herself, or to have the legal assistance of a defender.A person shall not bear responsibility for refusing to testify or to explain anything about himself or herself, members of his or her family or close relatives in the degree determined by law.Inquirer, investigator, prosecutor, judge, and court, before the first examination of the suspect, accused, and defendant, are required to advise them of the right to have a defense counsel and draw up an appropriate record thereon, as well as provide the suspect, accused, and defendant the possibility to defend themselves with legal remedies from the charge brought and ensure protection of their personal and property rights.The following person is considered to be a suspect:The suspect has the right to: know what he/she is suspected of; give testimonies or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions and propose disqualifications; request that the court or prosecutor verify legality of the apprehension; submit complaints against actions and decisions of the officer who conducts operational-detective activities, inquirer, investigator, and prosecutor, and, with appropriate grounds present, have his/her security ensured.The fact that the suspect was advised of his/her rights is entered into the record of apprehension or decision to impose a measure of restraint.Court, prosecutor, investigator and the inquirer are required to advice participants to the case of their rights and to ensure the possibility to enjoy such rights.The official was a white-faced unemotional man, who went through his duties in a dull mechanical way. 'The prisoner will be put before the magistrates in the course of the week,' he said; 'in the mean time, Mr. Jefferson Hope, have you anything that you wish to say? I must warn you that your words will be taken down, and may be used against you.'No, sir,' said the sergeant; 'though most of the people talk French. This is the island called St. Loup, sir, an island in the Channel. We've been sent down specially from London, as you were such specially distinguished criminals, if you'll allow me to say so. Which reminds me to warn you that anything you say may be used against you at your trial.... an innocent person might well, either from excessive caution or for some other reason, decline to say anything when charged and cautioned, and if it were possible to hold that out to a jury as a ground on which they might find a man guilty, it is obvious that innocent persons might be in great peril.You have the right to remain silent, but anything you do say will be taken down and may be used in evidence.You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.Anything you do say may, and will, be given in evidence.You do not have to say anything unless you wish to do so, but I must warn you that if you fail to mention any fact which you rely on in your defence in court, your failure to take this opportunity to mention it may be treated in court as supporting any relevant evidence against you. If you do wish to say anything, what you say may be given in evidence.You do not have to say anything, but anything you do say may be given in evidence.(10) That information is— The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ex officio oath. In the late 17th century it became established in the law of England as a reaction of the people to the excesses of the royal inquisitions in these courts. In the United States, informing suspects of their right to remain silent and of the consequences for giving up that right forms a key part of the Miranda warning. 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. People coming before these tribunals were forced to make the ex officio oath by which they swore to truthfully answer the questions to be put before them without knowing of what they were being accused. This created what has been termed the cruel trilemma whereby these accused were forced to choose between committing the mortal sin of perjury (if they lied under oath to protect themselves), harsh punishment for contempt of court (if they refused to answer), or betraying their 'natural' duty of self-preservation (if they told the truth to honour their oath). Sir Edward Coke's challenge to the ecclesiastical courts and their ex officio oath is seen as the origin of the right to silence. With his decision that common law courts could issue writs of prohibition against such oaths and his arguments that such oaths were contrary to the common law (as found in his Reports and Institutes), Coke 'dealt the crucial blow to the oath ex officio and to the High Commission'. After the parliamentary revolutions of the late 17th century, according to some historical accounts, the right to silence became established in the law as a reaction of the people to the excesses of the royal inquisitions in these courts. The rejection of the procedures of the Courts of Star Chamber and High Commission eventually resulted in the emergence of the principle, according to US jurist and law of evidence expert John Henry Wigmore, 'that no man is bound to incriminate himself, on any charge (no matter how properly instituted), or in any Court (not merely in the ecclesiastical or Star Chamber tribunals)'. It was extended during the English Restoration (from 1660 on) to include 'an ordinary witness, and not merely the party charged'.