You have the right to remain silent. Anything you say can and will be used against you in a court of law.
These are the famous initial two lines of the Miranda Rights.
On March 13, 1963 Ernesto Miranda was arrested for allegedly stealing $8.00 from an Arizona bank employee. During questioning he confessed to robbing, kidnaping and other heinous crimes against an 18 year old woman eleven days prior. Thereafter, he was hauled to prison with a 20 year sentence.
Some crafty attorney came around and successfully argued that the authorities had to read him his rights because he did not fully understand them when he wrote “With full knowledge of my legal rights” on top of the confession. As a result, the Supreme Court dismissed the confession as inadmissible in court. Ernesto became a free man but only for a short time as he was re-tried and ended up serving 11 years.
And even upon release convicted criminals need to make a living so Ernesto sold Miranda rights cards for $1.50. He also spent his time playing cards with other criminals.
During a card game a dispute ensued and Ernesto was fatally stabbed.
But because of the Miranda case over a decade earlier the man who handed the knife to the attacker knew that he was not obligated to speak to authorities. As a result, the man who did the stabbing was able to flee to Mexico.
Ironically, the man who killed Ernesto Miranda evaded the law because his accomplice invoked his Miranda right to remain silent which was enacted to benefit his victim.
The Torah does not set forth similar Miranda rights in criminal or even civil cases perhaps because the Torah is primarily a book of obligations rather than rights. However, the Torah and Tanach do provide some insight as to when we should remain silent.
Upon hearing of the death of two of his four sons, after offering a strange and unacceptable offering, Aharon was silent. (Leviticus 10:3). When Job lost his family and became ill, his friends visited him. However, for seven days and seven night “none spoke a word to him”. (Job 2:13). They were silent. Because great people react to tragedy or challenge with silence and contemplation.
In Judaism, speech is viewed as something designed to be used purposefully. On the flip side, silence is often praiseworthy.
Our sages offer worthwhile advice pertaining to silence. Simeon said “… I have found nothing better for the body then silence”. (Ethics of our Fathers 1:17). The reference is clearly to matters of the body such as various physical pleasures. However, the implication is that Simeon would have no problem with speech pertaining to intellectual or spiritual issues.
Additionally, one who is careful in speech avoids saying something regretful. In reality, we have all said words or expressions at some point which hurt another person’s feelings. And many of us continue to do so because we do not see the longstanding tangible consequences. Imagine if someone owned a professional basketball team in Los Angeles and knew in advance that speaking negatively towards a race of people would jeopardize their ownership interest. The person would probably be mindful that “He who guards his mouth and tongue, guards himself from trouble”. (Mishle 21:23).
So our sages also caution us to “say little and do much”. (Ethics of our Fathers 1:15). We all know, but often fail to practice the famous adage, “Actions speak louder than words”.
Rabbi Akiva further said “A protective fence for wisdom is silence”. (Ethics of our Fathers 3:17). If you are wise then do not be drawn to an improper remark. As noted by Joseph Hayim Caro, “The wise man knows what he speaks, but the fool speaks what he knows”.
Our sages also felt that silence can be more valuable than speech. A word may be worth one selah but silence is worth two. (Megillah 18a).
Yet, in reality, there are times when silence is not more valuable then speech. Speech is a gift that distinguishes humans from all other creatures. There is a reason that we were created with the ability to speak and convey our thoughts.
King Solomon understood that there is a time to keep silent and a time to speak.(Eccesiastes 3:7). There are numerous times when we need and must speak.
For example, the first part of the Shema, written in the Torah states,“And you should speak of them…” referring to the commandments. The Passover Haggadah teaches us of the obligation to speak about the exodus from Egypt. The Torah states “Do not stand idly by the blood of your fellow”. (Leviticus 19:16).
When it comes to things like commandments, relaying important history lessons and injustice, suffering or humiliation we should not and can not be silent.
And when it comes to committing a crime or other transgression we may have the right to remain silent but that does not mean it is always the right course of action.
We do have the right to remain silent. However, with some exceptions, and probably less than we think, it is right to remain silent.
