Expert: Philip Sweeting - 8/1/2004

Question
Dear Mr. Sweeting,

My name is Danielle and i'm a law student at the interdisciplinary center Herzliya, Israel.
Im looking for some legal information concerning the Miranda Rule, in the aspect of the right of silence, such as law reviews, statutes & cases (of the supreme court).

Answer
If you do an internet search for the US Supreme Court, you can find their web page and look up cases by name such as Miranda. You can then also see other cases that might be related. Another web page for finding what you are looking for is findlaw.com

As for Miranda, it was a US Supreme court case that requires the police to warn people in custody of their right to remain silent if the police want to use what they say against them as evidence.

Even before Miranda people did not have to talk to the police but the court in Miranda determined in part that a person might think they have to answer the police when questioned by the police. In order to be sure citizens were aware they did not have to talk to the police or incriminate themselves, the court requires the police to tell them they do not have to talk to them when in "custody".

"Custody" is the determining factor and can be ambigious but what it means is if someone believes he is not free to leave when being questioned by the police. This can be the subject of debate so to be safe, if a police officer intends to use what someone says against them he should give them their miranda rights.

People in the US NEVER have to talk to the police unless under subpoena in some type of hearing and even then they do not have to make statements that would incriminate themselves.

However, if someone does choose to talk to the police/law enforcement, they must tell them the truth (don't lie)or they could be charged with obstruction. That's what got Martha Stewart in trouble.

Hope this helps.