Can a family member invoke a suspect's right to silence during an interrogation?

The correct understanding of this question is that a family member cannot invoke a suspect's right to silence during an interrogation. The right to silence, which is a key element of the Miranda rights, is meant to protect individuals from self-incrimination and ensures that they can make decisions about whether to speak to law enforcement. This right is personal and can only be invoked by the suspect themselves.

In legal contexts, the privilege against self-incrimination is a fundamental aspect of due process, and it extends to all individuals. Even if a family member or a legal guardian wishes to intervene, the law stipulates that it is ultimately the suspect's decision whether to speak or not. This principle underscores the importance of personal autonomy in legal matters, particularly in the context of interrogations and self-representation.

While it might seem reasonable to think that a family member could step in, especially if the suspect is vulnerable, the law does not grant that power. The only exception concerning minors involves a legal guardian’s ability to ensure that appropriate legal representation is present or that their rights are being respected, but it does not extend to invoking the right to silence.