Can I remain silent in court?

In the Miranda decision, the Supreme Court spelled out the substance of the warnings that officers are required to give to you, either in writing or orally, before questioning you: You have the right to remain silent. Anything you say can and will be used against you in court.

Can you plead the fifth in Canada?

You are probably familiar with the phrase, “pleading the fifth,” which refers to the Fifth Amendment in the American Constitution and provides testimonial immunity for an accused individual. There is no equivalent to the Fifth Amendment in Canada; however, a witness who is compelled to testify is protected under s.

What is the status of the right to silence of an accused under constitution cite relevant cases?

Constitutional Right under Article 20(3) The right to silence of the accused in India emanates from Article 20(3) of the Constitution which states that no one can be compelled to be a witness against himself. The provision embodies a fundamental canon of law- the privilege against self-incrimination.

How is the presumption of innocence protected?

The presumption of innocence is contained in article 14(2) of the International Covenant on Civil and Political Rights (ICCPR). The other guarantees are the right to a fair trial and fair hearing, and minimum guarantees in criminal proceedings, such as the right to counsel and not to be compelled to self-incriminate.

Can past charges be brought up in court?

Generally, prosecutors can’t use evidence of prior convictions to prove a defendant’s guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant’s testimony.

What is a Rule 609 hearing?

Rule 609 – Impeachment by Evidence of a Criminal Conviction (a)In General. This subsection (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later.

Can you use prior convictions as evidence?

Under the Federal Rule of Evidence (often referred to as the FRE) section 609, prior criminal convictions can only be used if the conviction was punishable by more than one year in prison, and the value of the evidence does not result in an unfair advantage to the prosecution.

Can a convicted felon be a credible witness?

A convicted felon can testify as a witness, but his prior criminal history may be introduced to show that he is not a credible witness.

What is the current right to silence?

You do not have to say anything but anything you do say will be taken down and may be given in evidence. This is similar to the right to silence clause in the Miranda Warning in the US. You do not have to say anything, but anything you do say may be given in evidence.