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right of silence

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10 - Silence as Evidence
from Part III - On Evidential Inferences
- By Hock Lai Ho
Edited by Jordi Ferrer Beltrán, Carmen Vázquez
Book:

Evidential Legal Reasoning

Published online:

05 May 2022

Print publication:

19 May 2022, pp 171-197
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Summary

This paper examines the position taken and the discourse on the right of silence in Singapore. By position, I mean what the law is and how it got there. By discourse, I mean how officials talk when they go about defending legislative amendments or praising the current law. Does the experience in Singapore reveal a distinctly Asian perspective to the right of silence? The study of Singapore will be used as a springboard for theoretical reflections on the right in general. I hope to illustrate or instantiate this general point: while evidential reasoning is primarily theoretical; it is legally regulated by rules that are often shaped by practical – including political and ethical – considerations.