Silence in the face of accusation is a term used to describe the act of remaining silent when confronted by someone who is making an accusation. It is most commonly seen during legal proceedings, when a party is accused of a crime or violation of law. Silence in the face of accusation can be either voluntary or involuntary. Voluntary silence is when an individual actively chooses to remain silent when confronted with an accusation, either out of fear or out of a desire to protect themselves. This type of silence can be seen in criminal proceedings, when a defendant may choose to remain silent and not offer a defense. Involuntary silence is when an individual is unable to speak due to shock or trauma. This type of silence can also be seen during legal proceedings, when a defendant may be so overwhelmed by the accusation that they are unable to respond. Silence in the face of accusation is a powerful statement, and can have serious legal implications. In some circumstances, silence can be seen as an admission of guilt, and can result in a conviction. It is important for anyone accused of a crime to consult with an attorney in order to understand their rights and the potential legal consequences of their silence.
SILENCE IN THE FACE OF ACCUSATION
Description
How to fill out SILENCE IN THE FACE OF ACCUSATION?
How much time and resources do you usually spend on drafting official documentation? There’s a greater option to get such forms than hiring legal specialists or spending hours browsing the web for a proper template. US Legal Forms is the leading online library that provides professionally designed and verified state-specific legal documents for any purpose, such as the SILENCE IN THE FACE OF ACCUSATION.
To get and complete an appropriate SILENCE IN THE FACE OF ACCUSATION template, follow these simple steps:
- Examine the form content to ensure it meets your state regulations. To do so, check the form description or use the Preview option.
- In case your legal template doesn’t meet your requirements, locate a different one using the search tab at the top of the page.
- If you are already registered with our service, log in and download the SILENCE IN THE FACE OF ACCUSATION. If not, proceed to the next steps.
- Click Buy now once you find the correct blank. Select the subscription plan that suits you best to access our library’s full service.
- Register for an account and pay for your subscription. You can make a payment with your credit card or through PayPal - our service is absolutely safe for that.
- Download your SILENCE IN THE FACE OF ACCUSATION on your device and complete it on a printed-out hard copy or electronically.
Another advantage of our service is that you can access previously purchased documents that you securely keep in your profile in the My Forms tab. Pick them up at any moment and re-complete your paperwork as often as you need.
Save time and effort completing official paperwork with US Legal Forms, one of the most trustworthy web solutions. Join us now!
Form popularity
FAQ
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.
1 The Principle confirms that, unless the parties agree otherwise or have established a usage or course of dealing between them, mere silence of the party that has received an offer to conclude a contract does not amount to acceptance because that silence does not constitute a binding declaration of will.
Silence as Acceptance Since contract law generally requires some objective indication that an offeree intends to contract, the general rule is that an offeree's silence, without more, is not an acceptance. In addition, it is generally held that an offeror cannot impose on the offeree a duty to respond to the offer.
Acceptance by silence or agreement by silence is a notion that asserts that a party's silence or refusal to reply to an offer might be construed as acceptance of the offer.
The general rule under contract law is that silence on the part of the offeree does not communicate to acceptance of the offer made by the offeror. However, there are exceptions to this general rule and they include; Where the offeree gives the offeror the impression that silence is acceptance of the offer.
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.
In most cases, admission by silence is not admissible in court. However, there are limited exceptions. First and foremost, evidence of a defendant's silence can only be introduced against a defendant who was not under arrest at the time the accusation was made.
On the theory that an innocent man would loudly deny a serious charge, the rule holds that a suspect silent in the face of an accusation has tacitly admitted the crime. And such silence can later be introduced at his trial as an indicator of guilt.