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An international perspective on the right to remain silent

By Douglas A. Berman

This article from New Zealand, which is headlined "Crime victims slam right to silence," provides an interesting international perspective on what is often viewed as a cherished American constitutional right.  Here are some highlights: Crime victims want an end to defendants "hiding" behind the right to silence in court but civil rights experts and defence lawyers argue this would be a serious erosion of human rights. Sensible Sentencing Trust spokesman Garth McVicar outlined a proposal to ditch defendants' right to silence when he headed up a high-profile conference at Taupo at the weekend. He said at present the law sheltered people accused of serious crimes including murder. "It doesn't mean defendants will be forced to talk it just means if they don't, juries can take it into account...continue to full post

Full post as published by Sentencing Law and Policy on September 21, 2009 (boomark / email).