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What does it mean, when someone says this, exactly?

2006-09-21 10:36:55 · 8 answers · asked by sahm2boys 4 in Politics & Government Law Enforcement & Police

8 answers

They are invoking their right, guaranteed by the 5th Amendment to the U.S. Constitution, not to give a statement that will incriminate them in a criminal proceeding. This is what is being referred to when a police officer tells someone, "You have the right to remain silent." You always have your 5th Amendment rights, but police are required to remind you of them, and others, under conditions that would be a "custodial interrogation."

People often make the mistake of believing that this allows them to not speak to the police about anything. This is not true, since the 5th Amendment only allows for protections against self-incrimination. If the police are asking you something that will not incriminate you in a crime, such as your name, date of birth, address, and things like that, you do not have the right to refuse to answer.

2006-09-21 10:44:40 · answer #1 · answered by RJ 4 · 3 0

A US phrase, referring to The 5th amendment to their constitution:

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 offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In Canada, section 13 of The Charter of Rights and Freedoms is similar:

"A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. "

2006-09-21 10:49:05 · answer #2 · answered by fergy_1967 3 · 2 0

It refers to the Fifth Amendment to the Constitution which states that one does not have to incriminate oneself. It really means "I refuse to answer that because it will show that I am guilty".

2006-09-21 10:39:34 · answer #3 · answered by All hat 7 · 1 0

5th ammendment says that you have the right not to testify against yourself, so you don't have to answer any questions that make you look guilty. Just because someone does that doesn't automatically mean that they're guilty, it just means that answering the question might make them look guilty so they don't want to answer.

2006-09-21 10:44:53 · answer #4 · answered by brainy_ostrich 5 · 0 0

These answers are stupid before mine. In the Constitution it tells you that you don't have to tell the government if you did something wrong or what you did. If you are in a court and someone accuses you of...say....insurance fraud, and they ask you if it's true, you would think, "I gotta tell them or they'll take me to jail." Actually, the 5th amendment makes it so you don't have to tell them, and if there were no witnesses and no evidence, you're homefree =]

2006-09-21 10:45:57 · answer #5 · answered by quantamrun 1 · 2 3

They wish not to answer thee question. The 5 th amendment gives us the right not to answer ...In other words they may be prosecuted, or judged against .

2006-09-21 10:46:37 · answer #6 · answered by Susan N 2 · 0 0

the 5th means that they are referring to the 5th amendment of the constitution

2006-09-21 10:47:04 · answer #7 · answered by Sub_Zero 2 · 0 1

It means they are using their right to remain silent.

2006-09-21 10:40:05 · answer #8 · answered by Anonymous · 1 0

they are guilty but they don't want to be held responsible

2006-09-21 10:41:16 · answer #9 · answered by Anonymous · 0 3

they r goin to be quiet and not answer any questions..lol

2006-09-21 10:40:02 · answer #10 · answered by woohooo 4 · 0 2

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