The Right to Remain Silent

[dingodan]

So, the Right to Remain Silent.

Is it the last refuge of the guilty?

If you have nothing to hide, do you also have nothing to fear?

In the U.S. they have the 5th Amendment, the right to not bare witness against yourself. In the UK the right to remain silent has existed at Common Law since the 17th Century.

Here a law school professor and former criminal defense attorney explains why you should never talk to the police under any circumstances.

 

[Wardy]

In theory even keeping quiet can harm your defence these days. At least in the UK. Since the caution is

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

 

[Wardy]

Does saying "I ain't done nothing" constitute a confession?

Well not necessarily to the offence they arrested you for.

 

[Leekbrookgull]

Why can you just say 'No coment' ?

 

[dingodan]

In theory even keeping quiet can harm your defence these days. At least in the UK. Since the caution is

True, it shouldn't though, because you have a right to silence.

To impose some kind of punishment or negative consequence for the exercising of a right, effectively revokes that right.

 

[Lady Whistledown]

Why can you just say 'No coment' ?

You can.

 

[y2dave]

In theory even keeping quiet can harm your defence these days. At least in the UK. Since the caution is[/QUOTE

If the evidence against you is weak most solicitors would recommend just stating your name and then answering EVERY question with "no comment".

 

[Wardy]

True, it shouldn't though, because you have a right to silence.

To impose some kind of punishment or negative consequence for the exercising of a right, effectively revokes that right.

Think it would depend on what you kept quiet about. If you were asked the whereabouts of say a small child and said nothing, then the child is found dead. If then in court said "well when asked I didn't know but I knew that she was alive when I saw her walking up the road", you may be in trouble.

 

[dingodan]

If you say to the police "Fair cop guv, I did it" - this will be used as evidence of your guilt.

If you say to the police "No fair guv, I didn't do it" - Any chance this will be used as evidence of your innocence? No.

It's not a level playing field, best bet is not to play.

 

[CaptainDaveUK]

Right to remain silent is flawed. My mate is a solicitor and told me of a case where two lads were in a car and caused an accident in a remote spot killing the other driver. Both remained silent and so the Police never knew who was actually driving the car so both walked free.

 

[Lady Whistledown]

True, it shouldn't though, because you have a right to silence.

To impose some kind of punishment or negative consequence for the exercising of a right, effectively revokes that right.

No it doesn't. Do you even know what you're talking about?

You have every right to say absolutely nothing throughout the entire criminal proceeding. That's your choice. If you say nothing when arrested, that's fine. If you sit there in court and decline to speak for yourself, that's entirely permissible.

All the caution does mean is that if you decide to say nothing following your arrest, ie while the alleged offence is being investigated, that's up to you. It's no big deal.

However, if you then get charged and turn up in court, where you suddenly decide to offer an explanation, the court has the right to draw an inference from that: ie to question why you've only just raised it, giving nobody an opportunity to look into it and produce evidence one way or the other. Where's the "punishment" in that?

To be honest, mostly I can't be bothered with your posts as its obvious you have an agenda from which you won't be swayed, however I'm not having you sit here and make as though people are cynically being deprived of their basic right not to say anything, because they're not.

 

[Wardy]

One thing I will say though is that if you have committed benefit fraud and you called in for an interview, do not lie. Unlike the police who will use the interview to fill in the caps in their case (hence why a good lawyer will tell you to be quiet), the person doing the interview will already know the answer to every question they ask you and will have evidence to prove it.

And before you anyone asks, no I have not been done for benefit fraud.

 

[Lady Whistledown]

If you say to the police "Fair cop guv, I did it" - this will be used as evidence of your guilt.

If you say to the police "No fair guv, I didn't do it" - Any chance this will be used as evidence of your innocence? No.

It's not a level playing field, best bet is not to play.

What do you think the percentage of innocent people falsely confessing to a crime is, as opposed to the percentage of guilty people denying involvement?

 

[CaptainDaveUK]

The law is never perfect but surely the hope is for justice. If someone is innocent why wouldn't they help the Police, if a crime has been committed. Why sit in silence? If your friend was killed wouldn't you want people to help the Police find out who did it and why. Right to remain silent is generally beneficial to people who have got something to hide.

 

[wellquickwoody]

No it doesn't. Do you even know what you're talking about?

You have every right to say absolutely nothing throughout the entire criminal proceeding. That's your choice. If you say nothing when arrested, that's fine. If you sit there in court and decline to speak for yourself, that's entirely permissible.

All the caution does mean is that if you decide to say nothing following your arrest, ie while the alleged offence is being investigated, that's up to you. It's no big deal.

However, if you then get charged and turn up in court, where you suddenly decide to offer an explanation, the court has the right to draw an inference from that: ie to question why you've only just raised it, giving nobody an opportunity to look into it and produce evidence one way or the other. Where's the "punishment" in that?

To be honest, mostly I can't be bothered with your posts as its obvious you have an agenda from which you won't be swayed, however I'm not having you sit here and make as though people are cynically being deprived of their basic right not to say anything, because they're not.

Wow! I thought that I got some shit on here recently!

 

[Tory Boy]

One thing I will say though is that if you have committed benefit fraud and you called in for an interview, do not lie. Unlike the police who will use the interview to fill in the caps in their case (hence why a good lawyer will tell you to be quiet), the person doing the interview will already know the answer to every question they ask you and will have evidence to prove it.

And before you anyone asks, no I have not been done for benefit fraud.

Talking out of your rear fella.

The police don't deal with Benefit Fraud.

TB

 

[Wardy]

Talking out of your rear fella.

The police don't deal with Benefit Fraud.

TB

Um explain to me where I said they did?

 

[dingodan]

No it doesn't. Do you even know what you're talking about?

You have every right to say absolutely nothing throughout the entire criminal proceeding. That's your choice. If you say nothing when arrested, that's fine. If you sit there in court and decline to speak for yourself, that's entirely permissible.

All the caution does mean is that if you decide to say nothing following your arrest, ie while the alleged offence is being investigated, that's up to you. It's no big deal.

However, if you then get charged and turn up in court, where you suddenly decide to offer an explanation, the court has the right to draw an inference from that: ie to question why you've only just raised it, giving nobody an opportunity to look into it and produce evidence one way or the other. Where's the "punishment" in that?

To be honest, mostly I can't be bothered with your posts as its obvious you have an agenda from which you won't be swayed, however I'm not having you sit here and make as though people are cynically being deprived of their basic right not to say anything, because they're not.

I understand your position, however, in my opinion, if you tell me that my defense may be harmed by my exercising of my rights, that works to discourage me from exercising my rights. If I can suffer adverse consequences for exercising a right, it is not really a right.

You are right that in practice people are not punished in court for remaining silent, but for the most part people don't remain silent. Because "it may harm their defense". Because they know that most people believe, and maybe they also believe, that only the guilty refuse to talk.

It's a culture that I am talking about and it involves both the police and the public. And this is not to speak ill of Police officers, there are plenty of good police officers.

 

[Wardy]

Talking out of your rear fella.

The police don't deal with Benefit Fraud.

TB

Um explain to me where I said they did?

Nothing else to say. I wonder if your other 484 posts are the same?

 

[dingodan]

What do you think the percentage of innocent people falsely confessing to a crime is, as opposed to the percentage of guilty people denying involvement?

Larger than you would think.

The Innocence Project did a study in the U.S. and found that in cases where people were exonerated using DNA evidence, in 25% of those cases, the innocent person gave incriminating statements, confessed, or pled guilty.