Importance Of Immunity Against Self-Incrimination
Justice O’Flaherty cited an early Irish text in the Supreme Court in the case of Heaney v. Ireland saying, “ our law differs from the civil law, that it will not force any which commands every man to Endeavour his own preservation and therefore pain and force may compel men to confess what is not the truth” .
In the case of DPP v. Lynch , an admission to murder was made by the appellant. The appellant in this case was questioned for 22 hours and was not allowed to sleep during that whole time and was not let talk with friends or family. These confessions were obviously obtained by unfairness and cruelty. Here the right to silence of the appellant was infringed.
The privilege against self-incrimination and the right to silence are both related to presuming that the accused person is innocent until proved otherwise. These 2 rights go hand in hand. As a matter of fact, the constitutional right to silence is often called the privilege against …show more content…
This impinges the accused persons privilege against the self-incrimination and their right to silence.
The case of Quinn v. Ireland dealt with legal provisions that required accused persons under criminal suspicion to answer the questions that are to be put to them by the Garda.
The European court held in Quinn v. Ireland that the right to silence and the privilege right not to incriminate yourself was not an absolute right, even though they were at knowledge that the right to silence and the right not to incriminate yourself were provided in Article 6 of the European Convention for the protection of Human Rights and the Fundamental Freedom. They think it was not absolute because they stated that it went out further than necessary to meet the needs of the state.
As a conclusion, the right to silence and the privilege against self-incrimination are both constitutional rights and are available to all the accused persons and they should all be made aware of it during their arrest. Although the right to silence can allow inferences to be drawn against the accused at times, but it can also be very helpful, just so an accused person doesn’t end up getting themselves into more trouble than they already are