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Posts tagged "Fifth Amendment"

Can The Police Use My Statement Against Me?

People accused of crimes often ask: “can the police use my statement against me?” In order for a statement to be used against someone in court, the statement must be voluntary and may also need Miranda warnings prior to the statement being given. A truly voluntary statement is important and valuable, because a confession given under torture or abusive conditions may simply be someone telling their tormentor what he or she wants to hear in order to make the torture stop.   The Fifth Amendment to the United States Constitution gives people the right to remain silent and to be free from being forced to incriminate himself or herself. These rights in the 5th Amendment also mandate that any statements must be voluntary. The Ohio Supreme Court cited the following factors in determining whether a statement is voluntary include: totality of the circumstances, age, mentality, and prior criminal experience of the accused; the length, intensity, and frequency of the interrogation; the existence of physical deprivation or mistreatment; and the existence of threat or inducement.   (more…)

Can A Person Waive The Right To Remain Silent?

Can a person waive the right to remain silent?  The Fifth Amendment to the United States Constitution guarantees the right to remain silent, often referred to as “pleading the fifth.”  Ohio also guarantees this right in Article 1, Section 10 of the Ohio Constitution.   In the United States Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966), the court said that the following warnings must be given prior to a custodial interrogation:   (more…)

Miranda Warnings

Before the police can question someone who is in custody, they must give Miranda warnings, which are:

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 an attorney.  If you cannot afford an attorney, one will be appointed to you.

Failure to comply with this requirement can result in suppression of evidence after the filing of a motion to suppress. The United States Supreme Court, in Miranda v. Arizona, 384 U.S. 436 (1966), said that the warnings must be given “when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way, and is subjected to questioning, the privilege against self-incrimination is jeopardized.  Procedural safeguards must be employed to protect the privilege.” (more…)