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)
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FAQ
The Fifth Amendment privilege against self-incrimination precludes the admission of a defendant's silence as an adoptive admission if there is evidence that, by remaining mute, the defendant was exercising his constitutional right to remain silent. (People v. Preston (1973) 9 Cal.
This decision clarified that a suspect's silence can be used against them in court if they have not been formally arrested or advised of their Miranda rights, and if they have not affirmatively invoked their right to remain silent.
Held, that silence in the face of pertinent and direct accusation of crime par- takes of the nature of a confession, and is admissible as a circumstance to be considered by the jury as tending to show guilt, even though the person accused is in custody on the charge.
A silence in the face of accusation instruction is a permissive inference instruction and, as such, the Committee recommends that it generally not be given. If a defendant is in custody, silence in the face of an accusatory statement does not constitute an admission of the truth of the statements.
When admissible. Either party may show an ?adoptive admission by silence? by a witness (including a criminal defendant) who, while not under arrest, did not respond (or responded evasively or equivocally) to a direct accusation that he or she would naturally be expected to deny.
Police read Miranda rights when they take suspects into custody. It sounds like this: ?You have the right to remain silent. Anything you say can and will be used against you in a court of law.
Held, that silence in the face of pertinent and direct accusation of crime par- takes of the nature of a confession, and is admissible as a circumstance to be considered by the jury as tending to show guilt, even though the person accused is in custody on the charge.
The Fifth Amendment privilege against self-incrimination precludes the admission of a defendant's silence as an adoptive admission if there is evidence that, by remaining mute, the defendant was exercising his constitutional right to remain silent.