In Hong Kong gangster movies, this sentence has basically become the mantra of Hong Kong police officers, and the first sentence to see the suspect must be this sentence. The reason for saying this is that they have been warned since they entered the police academy. They must say this to the suspect and convey this right to the suspect.
Tell the criminal suspect that he can remain silent, because this is the basic right of criminal suspects in common law system, which is called' Miranda right' or' Miranda warning'. This right of criminal suspects comes from the Fifth Amendment and the Sixth Amendment of the American Constitution.
The Fifth Amendment stipulates that in any criminal case, no one shall be forced to testify against himself. This article is actually an extension of the unquestionable judicial concept in the maritime law system, so it is derived from the provisions of the Fifth Amendment. Any criminal suspect can always remain silent in court and police station.
The Sixth Amendment stipulates that any criminal suspect has the right to ask a lawyer to defend himself when he is tried in court. The right of a criminal suspect derived from this article is that if the criminal suspect has no money to hire a lawyer, then the court needs to appoint a lawyer for him.
These two articles finally created "Miranda rights" in the 1960s.
Relevant practical cases
The efficiency of the American police in this situation is still very good. In just ten days, they locked in and arrested a suspect, Ennas Miranda, a 23-year-old unemployed man. Police in Phoenix immediately invited Barbara to identify her. After Barbara confirmed that Milada was her abuser, the police immediately interrogated Miranda.
In just two hours, Miranda confessed the whole process of committing the crime. His confession became his main evidence, and the Phoenix District Court sentenced him to 20 years in prison.
Originally, this crime with perfect evidence should come to an end, and Miranda, who committed a felony, was punished as she deserved. However, in court, Milada's defense lawyers used the Fifth Amendment and the Sixth Amendment of the US Constitution to importune, trying to make Miranda's confession-the main evidence of her conviction-invalid evidence, because the police did not inform Miranda of his rights.
Therefore, after the Phoenix District Court sentenced Miranda to 20 years in prison, Miranda and his lawyer chose to continue to appeal, and the case was finally transferred to the Supreme Court of the United States.
1966 The US Supreme Court made a final ruling on this case, and five of the nine justices voted for the Phoenix District Court to invalidate Miranda's judgment! This means Miranda's testimony is invalid!
Earl warren, the chief justice at that time, was mainly responsible for the US Supreme Court's decision that was so obviously in favor of the suspect.
This is because, under the instruction of American Acting President Johnson, an investigation team composed entirely of Texans was set up to investigate the justice of Kennedy's assassination. He is recognized as a political leftist, so it seems that he has always emphasized the rights of suspects. It was he who actively persuaded his colleagues and won their support, which led to five votes in favor of overturning the judgment of the Phoenix District Court.