Right to remain silent

Definition and stakes

Portrait of William R. Day William R. Day,  Caminetti v. United States — Opinion of the Court

“ When he took the witness stand in his own behalf he voluntarily relinquished his privilege of silence, and ought not to be heard to speak alone of those things deemed to be for his interest, and be silent where he or his counsel regarded it for his interest to remain so, without the fair inference which would naturally spring from his speaking only of those things which would exculpate him and refraining to speak upon matters within his knowledge which might incriminate him. ”
Source: Wikisource

Portrait of Antonin Scalia Antonin Scalia,  Minnick v. Mississippi — Dissenting Opinion

“ Besides repeating the uncontroverted proposition that the suspect has a "right to have counsel present," the Court stresses the clarity and simplicity that are achieved by today's holding. Clear and simple rules are desirable, but only in pursuance of authority that we possess. We are authorized by the Fifth Amendment to exclude confessions that are "compelled," which we have interpreted to include confessions that the police obtain from a suspect in custody without a knowing and voluntary waiver of his right to remain silent. ”
Source: Wikisource

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