You Have the Right To Remain Silent, and You May Want To Use That Right!

If you’ve ever watched a crime procedural on TV, you’re familiar with the Miranda warning. Where did this warning come from? It’s named after the 1966 Supreme Court case Miranda v. Arizona. Where does this right to remain silent come from, how is it protected, and just how constitutional is the Miranda decision?Show more

Why do I make such a distinction between self-witness and self-incrimination? As I’ve already shown, it starts with the presumption people have when they exercise the right. For example, during the trial in the case of Wisconsin v. Kyle Rittenhouse, Assistant District Attorney Thomas Binger twice commented on Mr. Rittenhouse’s decision to remain silent after the shooting. Both times, he was apparently attempting to instill in the minds of the jury members that Mr. Rittenhouse’s silence was an admonition of guilt. Both times, the judge had the jury removed from the courtroom to scold Mr. Binger. How many times have you seen actors portraying law enforcement officers claim, “If you have nothing to hide, why not talk to me?”

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