Lunar Shadow said:
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We do, but it's basically the refusal to not say a damn thing. And it makes you look guilty anyway.
Edit: Clarification, I mean it has the perception of being guilty, not that I beleive you are guilty ig you plead the fifth.
Wolfenbarg said:
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You do get that right, but if you cooperate and lie, that's against the law. The right to not incriminate yourself does not allow you to provide misinformation, as that can do a lot of damage.
Owyn_Merrilin said:
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They do, but as the cops say when they tell you your rights "You have the right to remain silent. Anything you say can and will be used against you in a court of law." The fifth amendment allows you to stay quiet, but if you open your mouth and incriminate yourself, it's fair game.
Hmm, here you can lie to your hearts content to police and court if you're the defendant without consequence.
I suppose the right to remain silent will do to protect against forced self-incrimination in most cases. But there could be instances where the info needed to eliminate you as a suspect in committing a crime would reveal other (lesser) crimes of yours; forcing upon the defendant the choice to either reveal those - and be charged with them - or to construct a lie - and risk being charged with that - to clear his name.
...Or he could remain silent and risk a wrongful conviction if he's unable to counter the evidence prsented by the prosecution (and the impression of the jury of his silence). In those rare instances it would seem insufficient.