What is the point in having the right to remain silent when questioned by police...?

Question

when, when you appear in court, you are sworn under oath to tell the truth.

Answer 1

The provision is basically to stop people opening their big mouths and saying foolish things which they later regret. That position has, however, subtly changed in the UK. Nowadays yes, you have the right to remain silent, but on the other hand, if you fail to say anything on which you later rely in putting up your defence, then the court can be invited to draw its own conclusions from your silence. This makes it very difficult for a defendant who failed to have the presence of mind to say such things as: "I had to push him away because he was trying to strangle me" or "I wasn't stealing it, I was replacing it on the shelf having decided not to buy it" at the time of his arrest.

Answer 2

That's not completely true. In a criminal case if you are the defendant then you don't necessarily have to testify. The burden of proof is on the prosecution.

Back to your question, if you know your Miranda rights,they read: you have the right to remain silent, anything you say can will be used against you in a court of law......

Why make a statement that can get you in trouble, or twisted around into a completely different context by a slick lawyer. When the cops question you and you volunteer information they will use it to trick and make you think you said something you didn't, or expose any contradiction in your story. Why make it easy for them.

Besides, if the prosecution has solid evidence (witnesses, physical evidence etc...) your screwed anyway you don't have say anything anyway.

Answer 3

Some interesting answers here, clearly lots from people who haven't got a clue. One of the most interesting being from 'ascoile' who believes that the Police only question you when they've got no evidence. LMAO!
I don't know how it works in other countries but here in the UK, the Police question you so they can get both sides of the story and give you a fair trial.
When a suspect is arrested, it's up to the custody Sergeant to authorise that persons detention and he has to give reasons why. One of the most common reasons is to obtain evidence by questioning.
As for Karen’s comments on the Police having no intention of helping suspects and only wanting to question to make the person incriminate themselves, LMAO! Again!
I've gone out my way to help people out who are clearly innocent.
At the end of the day, if these people had exercised their right to silence, they would never have had the opportunity to tell me the truth and give me information that I didn't already have. I would therefore never have been able to help them out of what I believed was a false allegation.
At the end of the day, the right to silence does exist but it may not always help to exercise it. In my experience, being silent is as good as saying 'I'm guilty'. If you've got nothing to hide, tell them you’ve got nothing to hide.

Answer 4

There are few circumstances whilst an expert can stress you to speak. A choose can stress you to speak see you later because it does not violate your 5th replace top to not incriminate your self. a easy state of affairs is that in case you have been given immunity so as that they could't prosecute you. The courtroom can then stress you to be a witness and in case you refuse, they could throw you in penal complex for contempt. although, conserving silent isn't constantly maximum remarkable. oftentimes that's, yet not in each and every case. basically for the reason which you do not confess does not recommend you won't be able to be punished. maximum individuals do not confess (till after a plea good purchase besides), yet there is different information against them. in college, your rights are fantastically limited. you have the surprising to a proof of why you're being punished, yet that's with regard to the quantity of your due technique. you may not attraction your vital's determination decrease than the form. you may basically attraction if your State or close by college Board has some technique in place to supply you that determination. that is diverse in each and each State. EDIT: I basically observed the little Philippino flag next on your question. My answer is according to US regulation. I have not have been given any theory with regard to the regulation in the Philippines.

Answer 5

The right to remain silent when questioned is intended that you have the right not to incriminate yourself and for the prosecution to prove its case against you. You even have the right to remain silent in court. Many people when questioned by the police sit chattering away and talk themselves into prison

Answer 6

You have the right to remain silent, only if you want, need or until you have an attorney present, so that you dont self incriminate yourself. In court you may plead the 5th if the question would incriminate yourself, but not to simple question.

Answer 7

I have to inform you that you have the right to remain silent if I'm taking a statement from you. When you appear in court, you can also refuse to give a statement that would incriminate you by invoking your 5th Amendment rights. If you don't lie, you are not violating your oath.

Answer 8

Becasue the cross examination in court by a lawyer under the eyes of a judge and jury is much less pressuered and leading than that of a police officer.

Also, by the time it comes to court, you would have had a chance to properly hear the charges against you and had adequate time to consult with your defence.

Answer 9

A suspect has the right of not incriminating himself. A defendant also has the right not to testify in court against himself, hence no oath to tell the truth.

Answer 10

An individual being questioned by the police may feel pressure to cooperate with them. The police often encourage a suspect to unburden himself by holding out the possibility that by cooperating, the suspect can untangle himself from the potential criminal charges. This is a common technique used by the police. The police have no intention of helping suspects. Often times, the police – lacking evidence with which to secure a conviction, can only obtain a conviction by compelling a suspect to incriminate himself. Many individuals, desperate to improve their situation, talk to the police, thereby drastically reducing their chances of an acquittal at trial. The police are not interrogating you in an effort to improve your position, they are trying to solve the crime – and at your expense.