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Right to silence information


The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.

The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole.

The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ex officio oath. In the late 17th century, it became established in the law of England as a reaction to the excesses of the royal inquisitions in these courts. In the United States, informing suspects of their right to remain silent and of the consequences for giving up that right forms a key part of the Miranda warning.

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Right to silence

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The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court...

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Right to silence in England and Wales

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The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent...

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Right to silence in Australia

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The right to silence in Australia is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is...

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Miranda warning

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customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection...

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Silence

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Silence is the absence of ambient audible sound, the emission of sounds of such low intensity that they do not draw attention to themselves, or the state...

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Arraignment

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not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to silence. This is also often the stage at which...

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Caution

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officer to a suspect to inform them of their rights, in particular to silence. See e.g.: Miranda warning in the United States Right to silence in England...

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Section 7 of the Canadian Charter of Rights and Freedoms

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that the right to silence was a principle of fundamental justice. Statements of the accused may not be achieved through police trickery and silence may not...

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R v Singh

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leading decision of the Supreme Court of Canada on the constitutional right to silence and the confessions rule. Full text of Supreme Court of Canada decision...

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Reid technique

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obligation to adequately inform the suspect of their right to silence. In Canada, provincial court judge Mike Dinkel ruled in 2012 that "stripped to its bare...

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Argument from silence

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To make an argument from silence (Latin: argumentum ex silentio) is to express a conclusion that is based on the absence of statements in historical documents...

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Adversarial system

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are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any...

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No comment

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in a criminal investigation wishes to exercise their right to silence. The first recorded usage as a stock answer to questions was made in 1950 by Charles...

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Edward Coke

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his statements and works were used to justify the right to silence, while the Statute of Monopolies is considered to be one of the first actions in the...

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Christopher Fulford

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and Pascoe, Murphy's Law (fifth series), Wire in the Blood (episode "Right to Silence"), Spooks, Judge John Deed, Waking the Dead and The Brief. Fulford...

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Freedom of choice

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short descriptions of redirect targets Right to die – Moral and legal concept Right to silence – Right to refuse to answer questions Self-ownership – Concept...

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Garrity warning

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Court found that the officer had been deprived of his Fifth Amendment right to silence. A typical Garrity warning (exact wording varies between state and/or...

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Right to life

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The right to life is the belief that a human or other animal has the right to live and, in particular, should not be killed by another entity. The concept...

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R v Turcotte

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Supreme Court of Canada decision on the common law right to silence and the conditions to waive that right. Three men who worked at a ranch in British Columbia...

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Right to die

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The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of the...

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Nolo contendere

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not a typical right and carries various restrictions on its use. Nolo contendere originated from the Latin phrase for "I do not wish to contend" (nōlō...

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Closing argument

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prosecution from using a defendant's exercise of his Fifth Amendment right to silence as evidence of guilt. One of the most important restrictions on prosecutors...

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Fifth Amendment to the United States Constitution

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are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required...

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Informal admissions in South African law

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does not need to be positive if it is to constitute an admission, and an admission may be inferred from silence. The constitutional right to remain silent...

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Presumption of innocence

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hypothesis Presumption of guilt Rebuttable presumption Right to a fair trial Right to silence Trial by media Presumption of supply in New Zealand "Digesta...

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Arrest without warrant

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the police in England and Wales Right to silence in England and Wales Individuals with powers of arrest Right to silence in the United States Police and...

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Indictment

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allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the...

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