3.Right+to+Not+Incriminate

III. Right to not incriminate yourself 5th Amendment Miranda v Arizona NY v Quarles

III. Right to not incriminate yourself:

The Fifth amendment to the U.S constitution gives individuals the right to refuse to answer any questions or make statements. when to do so would help establish that the person committed a crime or is connected to any criminal activity. This right is also known as the Fifth Amendment privilege against self-incrimination, which is invoked when someone is said to "plead the Fifth". The Fifth also gives criminal defendant the right to not testify. Meaning that the prosecutor, the judge, and the defendants lawyer cannot force the defendant to take the witness stand trial. When the defendant exercises the right to not testify, the jury is not permitted to take that refusal into consideration when deciding guilty of crimes charged. 5th Amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." (taken from the constitution)

Miranda v Arizona- This case focused on whether or not police had the right to interrogate people without letting them know about their protection against self incrimination and right to counsel. The court ruled that what the police did violated the 5th amendment which caused police to be required to give warning to suspects about their rights.

NY v Quarles- This case was about a police officer who frisked a suspected suspect and found an empty gun holster then proceeded to arrest Quarles and read him is Miranda rights. What was in question in this case was that Quarles had been frisked before being read his Miranda rights and the court ruled that this was okay due to a public safety exception. **// Specifically, the police could question Quarles as to the whereabouts of the gun and his activity to try to secure the gun and protect the public //**