Right to silence

The right to refuse to answer questions or give testimony, especially in criminal proceedings. Its scope and consequences vary by legal system.

Privilege against self-incrimination: A legal protection against being compelled to provide evidence that could expose oneself to criminal liability. This privilege is a central legal basis for refusing answers that may incriminate.
United States Constitution: The foundational charter of the United States federal government and the source of its constitutional rights. Its Fifth Amendment anchors the federal protection against compelled self-incrimination.
Fifth Amendment to the United States Constitution: A constitutional amendment protecting, among other guarantees, against compelled self-incrimination in the United States. Its Self-Incrimination Clause is the principal constitutional basis for the American right.
Police interrogation: Questioning conducted by police to investigate suspected crime or obtain evidence. This is the setting where warnings and invocation of silence most often arise.
False confession: A confession to a crime that the person did not commit or that inaccurately describes the person’s role. Protection from coercive questioning can reduce pressure that contributes to false confessions.
Miranda warning: A warning in United States custodial interrogations that informs suspects of rights including silence and counsel. It communicates the right before custodial questioning begins in the United States.
European Convention on Human Rights: A Council of Europe treaty protecting fundamental rights and freedoms in its member states. Its fair-trial guarantees underpin the European Court’s recognition of silence protections.
Miranda v. Arizona: A 1966 United States Supreme Court decision requiring warnings before custodial interrogation. The ruling established the familiar warning that includes the right to remain silent.
Criminal trial: A formal proceeding in which a court determines a defendant’s criminal guilt or innocence. A defendant’s choice not to testify raises distinct rules from silence during police questioning.
Due process: The legal principle that government must respect established procedures and fundamental fairness before depriving someone of rights or liberty. Silence protections form part of procedural safeguards against unfair criminal proceedings.

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