Know Your Rights: When Being Questioned By Law Enforcement
The Fifth Amendment of the United States Constitution protects against self incrimination providing that "no person...shall be compelled in any criminal case to be a witness against himself."

November 05, 2011 /24-7PressRelease/ -- Know Your Rights: When Being Questioned By Law Enforcement

What distinguishes our justice system is the extent to which it protects those charged or about to be charged with criminal conduct. The Fifth Amendment of the United States Constitution protects against self incrimination providing that "no person...shall be compelled in any criminal case to be a witness against himself." This privilege against self incrimination is one of the most important protections of the criminal law and is firmly established in New Jersey law. The privilege has its roots in the annals of history which are filled with instances of confessions induced by physical torture. In the past century in America, physical torture, for the most part, has been replaced by psychological techniques. However, while more subtle, these techniques can also induce false confessions.

Recognizing this, in Miranda v. Arizona the United States Supreme Court held that "the prosecution may not use statements..... stemming from custodial interrogation..... unless it demonstrates the use of procedural safeguards effective to secure the privilege against self incrimination." Custodial Interrogation has been defined as "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way."

Thus, the Miranda Warning was born. The Supreme Court determined that the protection of a suspect's Fifth Amendment rights required a warning prior to questioning advising: 1) that the accused has the right to remain silent; 2) that anything he says can be used against him in a court of law; 3) that he has the right to an attorney; and 4) that if he cannot afford an attorney, one would be appointed for him.

However, it is imperative that one understands that while Miranda Warnings only have to be provided during custodial interrogations, other non-custodial statements may be used against you in Court. Although you have done nothing wrong and believe that you are innocent, if you are a suspect in a crime or a person of interest, speaking with law enforcement may not be in your best interest and you should contact an attorneyprior to providing any statements.

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