[Common sense] What is the right to remain silent?

The absolute monarchy when a confession was forced by torture and intimidation.

Trials were often made at the will of the monarch, and confession was at the heart of the judgment rather than evidence or witnesses.

The concept of the right to remain silent first appeared in England at the end of the 17th century.

Honorary Revolution (1688), which limited the absolute power of the king and strengthened the powers of Parliament.

Enactment of the Bill of Rights (1689), which emphasized individual freedom and rights.

  From this point on, the principle of prohibiting the compulsion of confession began to take place in British judicial proceedings.

"No one is forced to make statements against him criminally."

In 1791, the U.S. Amendment (Article 5) first stipulated the right to remain silent in the Constitution.

The Constitution of the Republic of Korea also guarantees the right to remain silent in Article 12, Paragraph 2.

The right to remain silent (the right to refuse to state) is an important system for the protection of the rule of law and human rights, but it can make it difficult to find out the truth and make fair judicial proceedings.


AD: Shim Hye-min


#Silence #Right to Remain #Yoon Suk Yeol #Lee Jae-myung