"Right to remain silent" redirects here. For other uses, see You Have the Right to Remain Silent.
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.
The righttosilence is a legal principle which guarantees any individual the rightto refuse to answer questions from law enforcement officers or court...
The righttosilence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent...
The righttosilence in Australia is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is...
customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their righttosilence and, in effect, protection...
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...
not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's righttosilence. This is also often the stage at which...
officer to a suspect to inform them of their rights, in particular tosilence. See e.g.: Miranda warning in the United States Righttosilence in England...
that the righttosilence was a principle of fundamental justice. Statements of the accused may not be achieved through police trickery and silence may not...
leading decision of the Supreme Court of Canada on the constitutional righttosilence and the confessions rule. Full text of Supreme Court of Canada decision...
obligation to adequately inform the suspect of their righttosilence. In Canada, provincial court judge Mike Dinkel ruled in 2012 that "stripped to its bare...
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...
in a criminal investigation wishes to exercise their righttosilence. The first recorded usage as a stock answer to questions was made in 1950 by Charles...
his statements and works were used to justify the righttosilence, while the Statute of Monopolies is considered to be one of the first actions in the...
and Pascoe, Murphy's Law (fifth series), Wire in the Blood (episode "RighttoSilence"), Spooks, Judge John Deed, Waking the Dead and The Brief. Fulford...
short descriptions of redirect targets Rightto die – Moral and legal concept Righttosilence – Rightto refuse to answer questions Self-ownership – Concept...
Court found that the officer had been deprived of his Fifth Amendment righttosilence. A typical Garrity warning (exact wording varies between state and/or...
The rightto life is the belief that a human or other animal has the rightto live and, in particular, should not be killed by another entity. The concept...
Supreme Court of Canada decision on the common law righttosilence and the conditions to waive that right. Three men who worked at a ranch in British Columbia...
The rightto die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of the...
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...
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...
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...
does not need to be positive if it is to constitute an admission, and an admission may be inferred from silence. The constitutional rightto remain silent...
hypothesis Presumption of guilt Rebuttable presumption Rightto a fair trial Righttosilence Trial by media Presumption of supply in New Zealand "Digesta...
the police in England and Wales Righttosilence in England and Wales Individuals with powers of arrest Righttosilence in the United States Police and...
allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal rightto a jury trial. Section 4G of the...