Silence and Its Implication in Criminal Proceedings: A Comparative Analysis of the English, Ugandan and Islamic Laws

Abstract

It is an undeniable fact that dispensation of justice is the primary objective of every legal system. This objective, however, can only be achieved when there is a fair hearing and the accused is granted the right to defend himself against any allegation made against him. Controversy, however, arises when he chooses to keep silent, as to whether this silence means acceptance of the allegation or not. This paper examines the right of the accused to silence, its origin and implication in criminal proceedings. It makes a comparative analysis of the English, Ugandan and Islamic Laws. It draws a conclusion that the right to silence is firmly grounded in the three legal systems, but an inference may be drawn in certain circumstances which might be used to implicate the accused.

Keywords: right to silence, implication of silence