What Is The Right To Silence For Criminal Suspects?

What Is The Right To Silence For Criminal Suspect?

The right to silence is a fundamental common right where criminal suspects have the right to protect his/her against self-incrimination. This way the right to silence law protects criminal suspects from being compelled to answer any tricky questions which could be used against the suspect. 

According to the Right to Silence, “No one should be forced to incriminate (Suggest that someone is guilty) themselves”. The Fifth Amendment in the US Constitution contains this fundamental right against self-incrimination. The Fifth Amendment of the US Constitution is taken from the Indian Constitution, Article 20 (3), where you can see the right to silence law. 

Silence At Trial

It is the duty of police to describe a suspect during an arrest or shortly after the arrest procedure. Where police recite a criminal suspect about the law that says 

“[no person…shall be compelled in any criminal case to be a witness against himself.” 

This is the “Miranda rights” for criminal suspects. 

Police have no right to force any suspects to answer their questions. However, there is no clear law on non-verbal communication.

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