Does the right to remain silent benefit the innocent?

Answer 1

The 5th Amendment protection against self-incrimination is designed to prevent forced confessions.

It's main purpose is to prevent someone from being beaten and abused and interrogated (I never used the word "tortured") into making a confession. Because, historically, that used to happen all the time. Even as recently as the 1950s and 1960s. That's the whole reason Arizona v. Miranda and Miranda warnings are there. And that's why, until recently, the US did not allow evidence obtained in that manner to be used against someone.

So, yes, the purpose of the 5th Amendment protection against self-incrimination is to protect the innocent, so they are not beaten until they tell interrogators what they want to hear.

Answer 2

Because you have the right to be questioned in the presence of a lawyer. If the police could just question you in the car, they could say that you said anything, or they could trick you into saying something. If you remain silent, then that isn't an issue.

Answer 3

Yes. Becuase there have been several incidents when police have used inappropriate methods for obtaining "confessions" or "incriminating" information from innocent suspects.

Answer 4

Yes it does. Sometimes the innocent can say things that can be construed as something other than it is. Let the your lawyer do the talking for you.

Answer 5

YES, it keeps the government from forcing you to talk and then some weaselly prosecutor (see Mike Nifong if you don't believe that there are bad prosecutors) from twisting your words around.

Answer 6

Leogirl is right, you can be tripped up especially if you were on the scene but actually not involved.