Legal Definitions - right to remain silent

The right to remain silent is a constitutional right that allows a person to refuse to answer questions or provide information that may incriminate them in a criminal case. This right is protected under the Fifth Amendment of the United States Constitution.

For example, if a person is arrested and questioned by the police, they have the right to remain silent and not answer any questions that may be used against them in court. This right can also be invoked by witnesses who may incriminate themselves by providing information.

The right to remain silent is important because it helps protect individuals from self-incrimination and ensures that the government must prove their case without relying on coerced confessions or testimony. It is a fundamental part of the accusatorial system of criminal justice and helps to ensure that individuals are not unfairly prosecuted.