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Throughline

We the People: The Right to Remain Silent

Throughline

NPR

Society & Culture, History, Documentary

4.715K Ratings

🗓️ 27 March 2025

⏱️ 50 minutes

🧾️ Download transcript

Summary

The Fifth Amendment. You have the right to remain silent when you're being questioned in police custody, thanks to the Fifth's protection against self-incrimination. But most people end up talking to police anyway. Why? Today on Throughline's We the People: the Fifth Amendment, the right to remain silent, and how hard it can be to use it.

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Transcript

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0:00.0

This message comes from This Is History.

0:02.6

Discover the incredible true story of Monsamusa, who many claim was the wealthiest ruler in history.

0:08.2

Immerse yourself in the epic six-part series, Empire of Gold.

0:12.0

Listen now, wherever you get your podcasts.

0:14.7

Before we begin, we just wanted to let you know that this episode contains descriptions of racial violence.

0:23.6

Now on with the complex.

0:44.3

You have a right to remain silent.

0:55.5

Dexter Morgan. You have the right to remain silent. Text to Morgan, you have the right to remain silent.

0:58.7

Hey, you're not really arresting me.

1:00.9

You have the right to remain silent.

1:02.8

Walter White, you have the right to remain silent.

1:05.9

You know this moment.

1:07.3

The scene right after the dramatic standoff,

1:09.7

when the suspect is finally tracked down

1:12.0

and cuffed. Whether it's a serious drama or a parody on The Simpsons, this line is pretty

1:18.1

much a must-have in any cop story. Maybe you even know the rest of it, too.

1:23.5

You have the rights remained silent. Anything you say can will be used against a court of law.

1:27.7

You're the right to an attorney. If you cannot afford one, an attorney will be provided for you.

1:32.9

All right?

1:34.0

I mean, anybody who watches TV, fourth graders, can read Miranda rights.

1:38.4

And show me another decision where, you know, even children know the rights.

1:43.3

The Miranda rights. The thing the police have to say once you're under arrest and in their

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