In the United States, every person who is charged with a crime—including a federal crime—has the right to remain silent. This right is enshrined in the Fifth Amendment to the United States Constitution, which protects individuals from self-incrimination. "Self-incrimination" means saying something that could be used as evidence against you in a criminal trial.
The right to remain silent is a fundamental constitutional right that has been recognized by the Supreme Court of the United States for over 150 years. It is important to understand that the right to remain silent is not absolute; there are circumstances where an individual may be required to provide information to law enforcement. However, if you are ever questioned by law enforcement, you should always exercise your right to remain silent and speak to an attorney before answering any questions.
The Fifth Amendment and the Right to Remain Silent
The Fifth Amendment to the United States Constitution provides that "No person ... shall be compelled in any criminal case to be a witness against himself.” This protection against self-incrimination is commonly known as the "right to remain silent." It is a fundamental constitutional principle that has been reiterated by the Supreme Court of the United States on numerous occasions.
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