The benefits of a right to silence for the innocent

Shmuel Leshem

RAND Journal of Economics, 2010, vol. 41, issue 2, 398-416

Abstract: This article shows that innocent suspects benefit from exercising their right to silence during criminal proceedings. We present a model in which a criminal suspect can either make a statement or remain silent during police interrogation. At trial, the jury observes informative but imperfect signals about the suspect's guilt and the truthfulness of the suspect's statement. We show that a right to silence benefits innocent suspects by providing them with a safer alternative to speech, as well as by reducing the probability of wrongful conviction for suspects who remain silent with and without a right to silence.

Date: 2010
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https://doi.org/10.1111/j.1756-2171.2010.00105.x

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Persistent link: https://EconPapers.repec.org/RePEc:bla:randje:v:41:y:2010:i:2:p:398-416

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