It is the state’s job to prove you guilty not yours
Amendment 5
No person should be held to answer w/ a grand jury; or try you for the same offense twice
Nor be completed to be a witness against themselves
A 5; Rule 1
Gov cant force you to get on stand and be a witness (it’s your choice)
*** Burden of proof on state
Why have right to remain silent (witnesses can take the 5th)
A5; Rule 2
Person cannot be compelled to answer
Miranda vs Arizona
For Miranda rights to apply you need…
Custody + interrogation bc people most likely talk if know rights
• In order to talk without theses police need to get rid of one of these (don’t have to read Miranda rights)- the easiest is custody – talk to person before under arrest
Custody
Suspect does not feel free to leave
Handcuffed; read and waved rights
Interrogation
Asked questions designed to incriminate you
Miranda vs Arizona
They have to read your rights so they know that a person is not compelled to talk
• You have right to remain silent…
• So if they talk then it is voluntary
Prevent the police from putting you in an inherently intimidating environment