Silence in the Face of Accusation (revised 2016) is a legal principle, also known as the right to remain silent, which states that a person can choose not to answer questions or provide information to law enforcement officials or other government entities when they are suspected of a crime. This right is enshrined in the Fifth Amendment of the United States Constitution, which states that no person “shall be compelled in any criminal case to be a witness against himself.” This right is also known as the right against self-incrimination. There are two main types of silence in the face of accusation: absolute silence and selective silence. Absolute silence is the complete refusal to speak to law enforcement, while selective silence is the decision to provide some information but refuse to answer certain questions. Both types of silence are protected by the Fifth Amendment, and both are an important part of the criminal justice system.
Silence in the Face of Accusation (revised 2016) is a legal principle, also known as the right to remain silent, which states that a person can choose not to answer questions or provide information to law enforcement officials or other government entities when they are suspected of a crime. This right is enshrined in the Fifth Amendment of the United States Constitution, which states that no person “shall be compelled in any criminal case to be a witness against himself.” This right is also known as the right against self-incrimination. There are two main types of silence in the face of accusation: absolute silence and selective silence. Absolute silence is the complete refusal to speak to law enforcement, while selective silence is the decision to provide some information but refuse to answer certain questions. Both types of silence are protected by the Fifth Amendment, and both are an important part of the criminal justice system.
