The incidence, antecedents and consequences of the use of the right to silence during police questioning
The incidence, antecedents and consequences of the use of the right to silence during police questioning
复制标题
警察审问期间使用沉默权的发生率、前因和后果
DOI：
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发表时间：
1993
期刊：
影响因子：
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通讯作者：
T. M. Williamson
中科院分区：
文献类型：
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作者：
S. Moston;G. Stephenson;T. M. Williamson
本文分三个部分：（1）警视厅使用沉默权的发生率和与其使用相关的案件特征（如犯罪严重程度和使用法律的建议）;（2）沉默对指控或释放嫌疑人的决定的影响;（3）沉默对嫌疑人定罪的影响。这些数据来自对1000多起案件的研究，在这些案件中，嫌疑人被警察询问。在大约16%的案件中使用了沉默;然而，沉默对起诉和对嫌疑人定罪的影响很小。与预期相反，使用沉默的嫌疑人比不行使沉默权的嫌疑人更有可能被起诉。这可能是由于警察似乎将沉默等同于犯罪感。沉默的使用并不影响法庭定罪的机会;然而，它与嫌疑人在法庭上如何辩护有关。较早行使沉默权的嫌疑人在审判开始时比未行使这一权利的嫌疑人更有可能认罪。
This paper is in three parts: (1) the incidence of the use of the right to silence in the Metropolitan Police and the case characteristics (such as offence severity and use of legal advice) statistically associated with its use; (2) the effects of silence on the decision to charge or release suspects; and (3) the effects of silence on the conviction of suspects. The data are derived from a study of over 1000 cases in which suspects were questioned by police officers. Silence was used in about 16% of cases; however, it had very little effect on the prosecution and conviction of suspects. Contrary to expectations, suspects who used silence were more likely to be charged than suspects who did not exercise the right. This may be due to the possibility that police officers appear to equate the use of silence with perceived guilt. The use of silence did not affect the chances of conviction in court; however, it was linked to how suspects pleaded in court. Suspects who had earlier used their right to silence were more likely to plead guilty at the outset of a trial than those who had not used this right.