Right to Remain Silent


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National Association of Attorneys General

On March 13, , police in Phoenix, Arizona arrested a man named Ernesto Miranda based on circumstantial evidence connecting him to the recent kidnapping and rape of a young woman. After a two-hour police interrogation, Miranda offered a brief confession to the rape charge and was subsequently asked to sign a written version. The case would ultimately be presented before the U. Supreme Court as the consolidation of four cases related to the violation of Fifth and Sixth Amendment rights while in police custody.

When Miranda v. Arizona reached the Supreme Court in , the Court ruled that no confession is admissible under the Fifth or Sixth Amendments unless a suspect is first made aware of his rights and voluntarily chooses to waive them.


  1. Meaning of Silence in the Right to Remain Silent - Oxford Handbooks.
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  4. Users can view the full Supreme Court case, the related amendments, and relevant documents in HeinOnline. Easily find Miranda v. Supreme Court Library. The new and improved database home page now provides an overview of the Supreme Court along with a list of the most-researched landmark cases in chronological order. Look through the list to find Miranda v.

    When Do You Have the Right to Remain Silent?

    Arizona right on the front page. Alternatively, users can run an Advanced Search, hyperlinked in blue under the main search bar.

    The Oyez website offers transcript-synchronized and searchable audio, easily understandable case summaries, illustrated decision information, and opinions. Oyez also has detailed information on current and past Supreme Court justices and offers a panoramic tour of the Supreme Court building. Regarding compliance with the principles of the rule of law and human rights protection, a Member State of the European Union in general deserves particular trust.

    However, the presumption under the principle of mutual trust is shaken if there are factual indications that the requirements indispensable for the protection of human dignity will not be met if the requested person is extradited. If it turns out that the requesting state does not comply with the minimum requirements laid down by the Basic Law, the competent court may not declare the extradition to be permissible cf.

    The obligation to incriminate oneself affects the human dignity of the person whose statement is used against him- or herself. Otherwise, the right to remain silent derived from human dignity would be diminished in value. However, while the principle of the right not to incriminate oneself is rooted in human dignity, this does not entail that every constitutionally guaranteed manifestation of that principle is also protected as such under Art.

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    Supreme Court overturns finding of unconstitutionality over 'right to remain silent'

    This would be the case for instance where an accused is induced by means of coercion to incriminate him- or herself. In contrast, it does not follow directly from Art. Therefore, an extradition based on a European arrest warrant is not impermissible on the mere grounds that the right not to incriminate oneself is not guaranteed in the procedural law of the requesting state to the same extent as is the case in German procedural law due to constitutional requirements.

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    Rather, extradition is impermissible only if the core content of the right not to incriminate oneself as protected by Art. The right not to incriminate oneself is restricted under the Criminal Justice and Public Order Act This restriction, however, does not affect the core content of the right not to incriminate oneself. Therefore, no violation of human dignity, which is inviolable, is to be feared.

    Edited by Lawrence M. Solan and Peter M. Tiersma

    In particular, the accused has the right to remain silent also under the Criminal Justice and Public Order Act While his silence can be treated as evidence under certain circumstances and can be used to his detriment, which can create an indirect pressure to make a statement, this does not reach the same level of seriousness as coercion to make a statement or coercion to incriminate oneself.

    Furthermore, silence can only be used in addition to other means of evidence in the context of an overall assessment of all evidence to justify a conviction. Even when this can result in the accused feeling compelled to make a statement, he does not have to fear a conviction on the mere grounds of remaining silent.

    Right To Remain Silent - Oathkeeper "OFFICIAL MUSIC VIDEO"

    Rather, he can decide on the basis of the state of evidence whether to make a statement or not. Such pressure to make a statement, which in some circumstances may also occur under German procedural law in certain scenarios of what is known as partial silence sogenanntes Teilschweigen , does not as such violate human dignity. Finally, according to the established case-law of the European Court of Human Rights, it does not from the outset constitute a violation of Art.


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    Rather, one must always consider the individual case. The case-law of the European Court of Human Rights supports the finding that an application of section 35 of the Criminal Justice and Public Order Act at least does not constitute a violation of human dignity.

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