What does “anything you say will be used against you in court” exactly mean?

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Is it really “anything” and how will it be used? Never thought about it, but it sounds kind of strange.

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Anonymous 0 Comments

It’s not that it can -only- be used against you, but rather that the cops collect evidence and that’s going to be used for the case against you. Your own lawyer might be able to use your statements to the police in your favor, but it’s still the smart thing to say nothing without your lawyer’s advice because your lawyer is the one who is going to know what is helpful, and also how to make sure the truth of the situation is to your benefit (assuming you’re innocent).

Anonymous 0 Comments

Some background is necessary to understand this phrase. The Fifth Amendment, among other things, protects against self-incrimination. This means that you cannot be compelled (by police or anyone else) to confess to a crime, and remaining silent is not a confession of guilt. It also guarantees the right to a lawyer.

After a case in 1966, the Supreme Court ruled that individuals in police custody must be informed of these rights, otherwise any statement they made will be inadmissible in court. The defender’s name was Ernesto Midanda, and so these are now called “Miranda rights”, which the police must read to you when they take you into custody. The exact wording varies, but police will generally say stuff like “You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to a lawyer. If you cannot afford one one will be provided to you by the state” etc. Basically an abridged version of the Fifth Amendment.