Most Americans can recite the Miranda warnings verbatim—not because of the power and substance of some high school civics class—but because of television crime dramas. The Miranda warnings are etched into our psyche, “You have the right to remain silent …” However, that iconic first line is not as clear as one might think.

This summer the Pennsylvania Supreme Court issued an important decision regarding the Fifth Amendment of the U.S. Constitution and Article I, Section 9 of the Pennsylvania Constitution. The language of the Pennsylvania and U.S. Constitutions are quite similar, but not identical. In Pennsylvania the Constitution provides, “The accused … cannot be compelled to give evidence against himself.” The Fifth Amendment provides, “No person … shall be compelled … to be a witness against himself.”

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