On The System Of The Right To Silence

The essay has four chapters besides an introduction, and each of the chapters consists of an introduction of itself, the main part and a conclusion.In the first chapter, this essay pays much attention to the historical source of the right to silence and the privilege against self-incrimination as well as the differences between them, based upon which concludes the definition of the right to silence and defines the content of the object in this essay. In this chapter, it firstly discusses the origin and the content of the privilege against self-discrimination, and then explains the roots and development of the right to silence as well as the restriction of this right in U.K. Finally, this part would make its conclusion on the comparison between the right to silence and the privilege against self-incrimination. This chapter believes that both of the two rights stemmed from the adage that on one has the right to accuse himself. Nevertheless the right to silence in a degree comes from the privilege against self-incrimination, and the logical relationships between these two rights are intersected, overlapping and separating.In the second chapter, this essay presents the content of the right to silence through the comprehensive description of the right in Anglo-American countries. Generally speaking, the content of the right to silence includes its applying rules, disserting...