The Right to Remain Silent

Elisha and LUIS

Special courts in England during the seventeenth century forced confessions from religious dissenters by torture and intimidation. The privilege against self-incrimination developed in response to these practices. The Framers of our Bill of Rights knew about this, so they included in the Fifth Amendment that people should not be compelled to testify against themselves in criminal prosecutions. This protection against self-incrimination is designed to strengthen the fundamental principal that no person has an obligation to prove innocence. The burden is on the government to prove guilt. The right to remain silent is a legal right recognized, explicitly or by convention, in many of the world's legal systems. It covers multiple issues centered around 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. This right is part of the Miranda Rights.  

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