The Right of Silence
The right of silence - the right of the accused to refuse to answer questions before or during trial - has a long history. Supporters of the right regard it as protecting the presumption of innocence whereas its critics see it as a refuge for the guilty.
What do we mean by the right of silence today? Is it still used and does it offer the same level of protection, including in multi-jurisdictional investigations? A number of jurisdictions have found ways in which to erode this right, whether by adverse inference or by the compulsion of information, with criminal sanction for refusal to comply.