진술거부권과 양형

The Right to Remain Silent and Assessment of Penalties

The right to remail silent must be guaranteed thoroughly as basic right of defendant. In reason of exercising the right to remain silent, the defendant must not sentenced and assessed with disadvantage of penalty. The supreme court sentences the defendant who exercises the right to remain silent with disadvantage of penalty. The reason is that the defendant who exercises the right to remain silent misleads criminal courts in errors. But these judgments are results of misunderstanding of the right to remain silent. The right to remain silent is basic right of Constitutional Law and the right must be guaranteed in any circumstances. The right to remain silent is not expedient to avoid being convicted crime. As polices and prosecutors interrogate any questions to the defendants, the defendants exercise the right to remain silent freely. So the right to remain silent must be guaranteed absolutely and purely in any circumstances.