You Have the Right to Remain Silent
You have the right to remain silent is right of the accused,
person who under investigation and the likes. Used by law enforcers and other
authorities to apprehend the person after the release of the warrant of arrest,
if the person who caught in the act during the course of the commission of the crime and if the person is under investigation was used.
It is important to mention this
phrase after the law enforcer put the handcuff on the arm of the accused or
before. If the law enforcer refused intentionally or even without intention to
mention the right of the accused might the accused will acquit in the offense
that charge in him / her.
The right of the accused is a
Miranda rights or Miranda doctrine and mandatory to obey by the law enforcers.
The law enforcer should have written signature from the accused that he / she were
received the right to remain silent for their own protection that they violated
the human rights if covered of the human rights.
Some accused might deny if
there was no written signature from the accused after his/her rights was
pronounced and there are some right of the accused and the right to remain
silent was one of them.
It is very important to tell to
the accused his / her right in order for him / her to know his right as human
being. Accused still a human not an animal; the phrase you have the right to remain silent has a prefix "you have the" if
was told from the accused, if not is right to remain silent only.
There is no exception whether
the violation is crimes against person like murder, homicide, rape, parricide
and infanticide. Not exempted if the crime is crimes against property crime like thief,
robbery, simple thief, the likes and even crimes against nature like dynamite fishing as violation in that law.
If the accused is a minor, it
is better to pronounced his / her right than to not mentioned it for the
protection by law enforcer that arrest the minor or the arresting officer. It
is better to mention it in the front of his / her family and with signature of
his / her parents, guardian and the likes.
Right to Remain Silent
The right to remain silent is the common phrase used by the law
enforcer that mandated by law to comply. If the law enforcer during the
apprehension of suspect (s) did not mentioned this right, might liable to the
existing law that govern if someone refused to do so.
Used by people if the senators
asked them especially in investigation. This right is intended only in the case
if you are under investigation by the authorities, apprehended and the likes.
Do not use this right other than if you were not apprehended by authorities and
in under investigation.
The law enforcer should have
list of right of the accused especially in the course of police patrol in the
area for immediate pronunciation of Miranda right if not memorized by the
apprehending officer.
No comments:
Post a Comment