right to silence
Decline to speak
The right to silence is a legal principle protecting individuals from being compelled to answer questions or provide evidence that might incriminate them.
In the United States, this is the Fifth Amendment right against self-incrimination: She invoked her right to silence during questioning.
Police must inform suspects of this right before interrogation.
In some jurisdictions, remaining silent can be mentioned to a jury; in others, it cannot be used against the accused.
- Fifth AmendmentProtection against compelled testimony
- plead the fifthInvoke constitutional silence right
- Fourteenth AmendmentPost-Civil War constitutional addition
- no commentRefusal to speak
- police questioningLaw enforcement interview
due process · interrogation · presumption of innocence · defense strategy · witness testimony · cross-examination · court proceedings · personal autonomy · legal counsel · constitutional protections · legal protection · plea bargaining · immunity · fair trial · legal precedent · civil liberties · habeas corpus · judicial review
- criminal lawcrime, felony, misdemeanor, murder, robbery
- Constitutionpreamble, articles, U.S. Constitution, Article I, First Amendment
- defendant rightsMiranda warning, presumption of innocence, fair trial, legal representation, public defender
- legal rightshabeas corpus, jury trial, freedom of religion, trial by jury, speedy trial
- interrogation rightsMiranda warning, self-incrimination, Fifth Amendment, police interrogation, interrogation
- rightscivil liberties, immunity, liberty, constitutional guarantees, fundamental freedoms
right to silencesubpoena
Writ requiring testimony
forced confession · mandatory reporting · contempt of court · duty to report
right to silencefull disclosure
Withholding no information
self-incrimination · turning state's evidence · public accountability
right, rights, righted, righting, rightful, rightfully, righteous, righteousness, silence