Political Science Law
| Open Access |
DOI: The Role of The Right to Silence in Protecting Suspects’ Procedural Rights
Lutfullaeva Madinabonu Jamshidjon kizi , Independent Researcher, Tashkent State University of Law, UzbekistanAbstract
This article analyzes the critical function that the right to silence plays within the framework of criminal justice. It examines how this right serve as a safeguard for suspects against self-incrimination and ensures fair treatment during legal proceedings. The article discusses various legal precedents and frameworks across different jurisdictions, highlighting the implications of the right to silence on police interrogation practices and the overall integrity of the judicial process. Through a comprehensive analysis, the author argues that upholding the right to silence is essential for maintaining the balance between effective law enforcement and the protection of individual rights.
Keywords
Right to silence, procedural rights, self-incrimination
References
Caianiello, Michele, Right To Remain Silent and Not to Incriminate Oneself in the European Union System (December 5, 2020).
Walker, Jeffrey, A Comparative Discussion of the Privilege Against Self-Incrimination (1993). New York Law School Journal of International and Comparative Law, Vol. 14, No. 1, 1993.
Rushin, Stephen, Rethinking Miranda: The Post-Arrest Right to Silence. California Law Review, Vol. 99, p. 151, 2011.
Stein, Alex and Seidmann, Daniel J., The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege. Harvard Law Review, Vol. 114, pp. 430-510, 2000.
Berger, Mark, Reforming Confession Law British Style: A Decade of Experience With Adverse Inferences from Silence. Columbia Human Rights Law Review, Vol. 31, p. 243, 2000.
Adewumi, Afolasade and Dawodu, Oluwakemi A., The Rights of a Suspect Under the Nigerian Criminal Justice System (2016). AKUNGBA LAW JOURNAL Vol. 4 No.1 July, 2016 (To be cited as (2016) ALJ Vol. 4 No.1.) A Publication of the Faculty of Law Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria.
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Copyright (c) 2026 Lutfullaeva Madinabonu Jamshidjon kizi
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