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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.
The Constitution of South Africa requires that any arrested person be informed of their right to remain silent and the consequences of not remaining silent, their right to choose and consult with a legal practitioner, and their right to have a legal practitioner assigned to the detained person by the state and at state expense if substantial ...
The amendment as proposed by Congress in 1789 and ratified by the states: 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 offence to be ...
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.
Miranda is based on the Sixth Amendment right to counsel and the Fifth Amendment right to remain silent. Massiah is based on the Sixth Amendment right to counsel. Attachment: Miranda: Custody + interrogation (charging status irrelevant). Massiah: Formally charged + deliberate elicitation (custodial status irrelevant). Scope: a.
Say ‘I plead the fifth, and choose to remain silent,’” Kurjakovic said teachers should advise. Those who don’t speak English can slip a “red card” under the door, she added.
Miranda v. Arizona, 384 U.S. 436 (1966) Police must advise criminal suspects of their rights under the Constitution to remain silent, to consult with a lawyer, and to have one appointed to them if they are indigent. A police interrogation must stop if the suspect states that he or she wishes to remain silent.
Top Republicans have stayed silent as the White House strongly criticized former President Donald Trump for suggesting that the Constitution be terminated in Top Republicans stay silent on Trump ...