Quote from: unknownuser2012 on May 07, 2012, 10:54 pmQuote from: vlad1m1r on May 07, 2012, 06:22 amQuote from: BigFlake on May 07, 2012, 05:26 amHi Bigflake,..... Also even in the USA, silence under questioning can be pointed out at trial -...V. No way this is true! I've sat as a juror in a murder trial and in the prosecutor's opening statement, he suggested that the defendant remained silent because.... Bingo! Mistrial, he really fucked up. A new jury had to be picked. You cannot ever suggest in court the defendant remained silent--that's his 5th amendment right.Sounds like an interesting experience you had but this isn't what I said. I said that silence can be pointed out at trial, in the case the Prosecutor was in danger of speculating as to why the defendant remained silent - this is a matter for a jury to decide both in the USA and UK, which is why the trial Judge quite rightly suspended the sitting and drew in some jurors from the pool. The point I really wanted to emphasise that even in a jurisdiction where the right to silence is not qualified, a jury could still choose to convict in the absence of the defendant accounting for their presence in a particular place for instance, or failure to provide an explanation as to why certain items were found in their homes or about their person. What's important to bear in mind is that you ARE far less likely to end up in front of said jury in the first place if you keep your mouth shut during a Police interview!V.