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INCIDENCE, ANTECEDENTS, AND CONSEQUENCES OF THE USE OF THE RIGHT TO SILENCE DURING POLICE QUESTIONING

NCJ Number
148419
Journal
Criminal Behavior and Mental Health Volume: 3 Issue: 1 Dated: (1993) Pages: 30-47
Author(s)
S Moston; G M Stephenson; T M Williamson
Date Published
1993
Length
18 pages
Annotation
Data derived from over 1000 cases in which suspects were questioned by officers of London's Metropolitan Police Department were used to examine the incidence of the use of the right of silence and the case characteristics associated with its use.
Abstract
Other issues included in the analysis were the effects of silence on the decision to charge or release suspects and the effects of silence on the conviction of charged suspects. The findings showed that, while the right to silence was invoked in about 16 percent of the cases, it had little effect on the prosecution or conviction of suspects. Suspects who used silence were more likely to be charged than those who did not exercise their right, possibly because police officers equated the use of silence with guilt. Suspects who had earlier used their right to silence were more likely to plead guilty at the beginning of their trial than suspects who had not used their right. 9 tables and 10 references