SILENCE IN COURT: THE EVIDENTIAL IMPLICATION OF AN ACCUSED PERSON’S FAILURE TO TESTIFY

Abstract

The fundamental objective of any criminal justice system is to prevent crime, punish the guilty, protect the innocent and provide justice for a victim of crime. The right to remain silent in criminal proceedings is a legal protection given to a crime suspect undergoing interrogation or standing trial. This right is not only a "shelter to the guilty" but also a "protection to the innocent". However, the mischievous invocation of this right by some dishonest suspects has raised concerns on the propriety of this right. This article examines the Right, its scope and application to determine the implication when an accused fails to testify. The article undertakes a comparative examination of the right in two jurisdictions, the US and the UK to locate the Nigerian perspective. The writer, therefore, postulates that failure of the accused to testify in court does not distort justice if properly applied. This constitutional right should, therefore, be applied objectively and without bias to achieve the desired result, which is justice.