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i don't get it. Is "you have the right to remain silent" limited only to oral means of communication? Or does it include the right to remain silent with respe

i don't get it. Is "you have the right to remain silent" limited only to oral means of communication? Or does it include the right to remain silent with respect to any means of communication, including writing, keyboard typing, sign language gesturing, etc ...?

HeyLaughingBoy 15y ago
"the right to remain silent..." etc is the Miranda Act which applies when you are taken into custody but before you have been formally charged with a crime. It really just boils down to not having to say anything to the police without legal representation present. That no longer applies since he is now before a court and we can assume he has legal representation (or he was offered it and has refused). To answer your question directly: No, it applies to all methods of communication.
- VladRussian 15y ago
  i was under impression that the right to remain silent is valid even before the court. Anyway, googling it, stumbled upon interesting reading : http://en.wikipedia.org/wiki/Right_to_silence#United_States http://en.wikipedia.org/wiki/Right_to_silence#United_States "...the U.S. District Court for Vermont ruled that because the defendant had already cooperated as far as he had and already potentially incriminated himself, by stating his ownership of his laptop and providing law enforcement with partial access to it prior to his arrest, that he must now surrender complete access to all information on that laptop, even encrypted and potentially self-incriminating or confidential information.[20] Because the defendant had cooperated in part already, the Court ruled that the defendant must continue cooperation and provide the decrypted and potentially harmful information to the government..."
  - HeyLaughingBoy 15y ago
    i was under impression that the right to remain silent is valid even before the court It is. That's what I meant by being in custody (arrested).

HeyLaughingBoy 15y ago

"the right to remain silent..." etc is the Miranda Act which applies when you are taken into custody but before you have been formally charged with a crime. It really just boils down to not having to say anything to the police without legal representation present. That no longer applies since he is now before a court and we can assume he has legal representation (or he was offered it and has refused). To answer your question directly: No, it applies to all methods of communication.

VladRussian 15y ago
i was under impression that the right to remain silent is valid even before the court. Anyway, googling it, stumbled upon interesting reading : http://en.wikipedia.org/wiki/Right_to_silence#United_States http://en.wikipedia.org/wiki/Right_to_silence#United_States "...the U.S. District Court for Vermont ruled that because the defendant had already cooperated as far as he had and already potentially incriminated himself, by stating his ownership of his laptop and providing law enforcement with partial access to it prior to his arrest, that he must now surrender complete access to all information on that laptop, even encrypted and potentially self-incriminating or confidential information.[20] Because the defendant had cooperated in part already, the Court ruled that the defendant must continue cooperation and provide the decrypted and potentially harmful information to the government..."
- HeyLaughingBoy 15y ago
  i was under impression that the right to remain silent is valid even before the court It is. That's what I meant by being in custody (arrested).