"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand the rights I have just read to you?"
Since a person has the right to remain silent and not say ANYthing, what happens if the suspect refuses to answer "yes" or "no" to the question, "Do you understand...."? What if a suspect really does understand his or her rights, but refuses to speak, or say anything whatsoever, when arrested? Is saying yes or no to the "do you understand....?" question some sort of acknowledgement of legal jurisdiction? Like, for instance, law enforcement tells suspects they have the right to remain silent, but then they ask a question, which means the suspect has to speak, and has to answer a question. Isn't answering the question a waiver of one's right to remain silent?
2007-12-02
15:23:32
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Law & Ethics