Why should you have the right to remain silent?

Crazy Elf · Post by **Crazy Elf** » Thu Jun 02, 2011 4:09 pm

I'm intrigued, why is it that people should have the right to say nothing to anyone in response to an alleged wrongdoing? What purpose does such a right serve? Surely if someone does not want to speak because they feel they may incriminate themselves they've probably done something wrong.

AtemHutlrt · Post by **AtemHutlrt** » Thu Jun 02, 2011 4:37 pm

The right to silence, and the legal protection against self-incrimination, exist primarily as checks against abusive interrogation. Traditionally this may have meant torture, but now mostly involves coercion by complex lying. The right to silence [distinct from, though intrinsically linked to, the protection against self-incrimination] also exists as a function of the right to counsel: an individual is under no obligation to make any statements to law enforcement on his own behalf, because he has the right to employ a counselor, trained to navigate the vagaries of interrogation, to serve as representative.

WillyGilligan · Post by **WillyGilligan** » Thu Jun 02, 2011 4:48 pm

I think there are two angles to it - rights and, for lack of a better term, practicality.

We started off the assumption that the individual is pretty well sacrosanct in America. To prevent the State from locking people up for bad reasons like political dissent, the onus is placed on law enforcement to prove that you need and deserve to be locked up. Giving the individual rights means that the accused is not required to help the State lock him or her away.

The "practical" argument* is that being arrested is a stressful experience for the average person. You might accidentally say something that could be interpreted as a confession, even if you're innocent. The right to remain silent allows you to cool down and discuss your legal avenues with a lawyer. Even if you're innocent, you should probably find out the right way to present your defense before you start saying anything to the police.

*I just know I'm going to remember the right word for this on the way to work. Irritating.

Salvation122 · Post by **Salvation122** » Thu Jun 02, 2011 5:37 pm

Primarily, it exists because of this.

Even if you are entirely innocent, it's easy to misspeak and get screwed.

Raygun · Post by **Raygun** » Thu Jun 02, 2011 5:56 pm

This may also be helpful.

3278 · Post by **3278** » Thu Jun 02, 2011 6:03 pm

I was going to post my own summation, but as it turns out, nothing I was going to say wasn't already on Wikipedia, better-cited than I'd have done at any rate.