You can keep silent, but anything you say will be used against you in court. What does this sentence mean?

You can keep silent, but everything you say will be used against you in court. This sentence comes from Miranda rule or Miranda warning.

You have the right to remain silent during the trial. If you don't keep silent, everything you say can be used as evidence in court. When you are on trial, you have the right to a lawyer. If you can't afford the lawyer's fee, we can hire one for you.

That is, criminal suspects and defendants have the right to remain silent and refuse to answer when being questioned.

Therefore, if there is a problem, there is no need to use the excuse of "catching the wrong person". If the defendant knows that he is innocent, he only needs to answer truthfully or keep silent when being questioned.

Extended data

Different countries may have different understandings of the right to silence, and the same country may have different interpretations of the right to silence at different times. Generally speaking, there are broad and narrow understandings.

Broadly speaking, the right to silence is the concrete embodiment of citizens' freedom of speech, that is, anyone has the right to decide what he wants to say or not, unless otherwise stipulated by law. Therefore, in the face of questions from other people or institutions, everyone has the right to refuse to answer, and even more has the right to refuse to answer questions that may lead to self-incrimination.

In a narrow sense, the right to silence refers to the right of criminal suspects and defendants to refuse to answer questions from the police and the court and remain silent during criminal proceedings.

According to this narrow understanding, the right to silence is a special litigation right of criminal suspects and defendants. Generally speaking, whether the right to silence is understood in a broad sense or a narrow sense, the focus of laws in various countries is mainly the right to silence of criminal suspects and defendants. The focus of this paper is mainly the right to silence in the narrow sense mentioned above.

The so-called "implied right to silence" means that the law does not use the word "you have the right to remain silent", but the criminal suspect and defendant have the right to remain silent and refuse to answer questions by default. The usual legislative language is "no one shall be forced to testify against himself".

"Explicit right to silence" means that the law clearly stipulates that any law enforcement officer must clearly inform the criminal suspect or defendant that he has the right to remain silent without answering questions before interrogating him.

Just like the "Miranda rule" established by a case in the United States 1966, if the police or judge fails to fulfill the obligation of informing before interrogation, it will be considered as illegal evidence collection, and even if the confession of the party concerned is obtained, it cannot be found guilty.

reference data

Baidu Encyclopedia-Miranda Warning

Baidu Encyclopedia-Right to Silence