this post was submitted on 31 Aug 2025
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It's actually different. Remaining silent doesn't invoke the right to not incriminate yourself. Simply remaining silent means they can use your silence to incriminate you.
In the court case where they decided that a man didn't answer a question about a murder weapon. They used his silence and looking nervous as evidence for his guilt because he didn't say he intended to remain silent, and he remained silent before he was informed he had a right to do so.
I put it right there, I know that simply remaining silent is not asserting your right to silence. It is ideal to affirmatively invoke your right to silence as well.
I emphasized clearly demanding a lawyer as that is what, legally, makes the questions stop.
And what I was saying was adding to that, and including that without invoking the right to silence simply remaining silent can be used for self incrimination.
If you are not under arrest and not in custody, not answering questions by remaining silent can be used against you.