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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

~ Fifth Amendment to the US Constitution

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The right to remain silent is a fundamental principle of liberty. It gives American citizens better privacy. The burden falls on the accuser to build a case against a person. If the accuser does not meet that burden, the accused is free to go. The accused never, ever, is required to furnish any evidence or testimony against himself. In other words, liberty requires that you have the right to remain silent.

If the accused were forced to produce evidence that they did not commit an act, innocent people would be forced to prove a negative. Proving a negative is usually far more difficult, if not impossible to do. Anyone without an alibi would be convicted. No one could afford to spend even one minute alone in that kind of world. The right to remain silent preserves a functioning system of justice and a functioning society.

Fifth Amendment Explained

The fifth amendment to the United States Constitution does not say explicitly that you have the right to remain silent. It does say that you do not have to be a witness against yourself. This means that you cannot be compelled to reveal information that might implicate you in a crime.

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