You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
There is clearly a certain amount of commonsense in the British version. It you concoct an innocent account of what one its face appears to suspicious conduct or circumstances after the event, your failure to offer this explanation at the time "may harm your defence".
You know, I would agree with this idea IF once you respond with a denial or an assertion you did not do the crime and were yet prosecuted, unsucessfully for it, you could sue, personally, all the people in the prosecution team who did not listen to your protestations of innocense.
The American version to come shortly:
"You the right to remain silent, however, silence will be introduced in court as a clear indicator of guilt. Anything you say will be used against you in court, and anything you do not say, will count against you much more harshly; You have the right to consult with an attorney, however, only guilty people need a lawyer, so if you request one, this is certain to convince a judge and jury of your guilt. If you ask for an attorney, we also have the right to beat you until you stop asking for an attorney. Oh, did we mention, we know where your family lives? Yes, they have been arrested as well, and your children have been placed in a cell with child molesters. You probably want to confess this crime before the kids are raped to death, right?"
The British also accept the totality of the evidence.
In American courts, the jury could see a video of a man committing murder but if the defense proves he didnt receive his Miranda rights, the judge will dismiss the case.
No offense or disrespect intended but you lack experience. First, police officers look for ‘probable cause’ and they have a lot of leeway on exactly how they interpret what that is. If you say “she ran into the street and I was worried that she would be harmed so ***I pursued her*** until I saw it was no use so I backed off but I never touched her” and so on, the officers will hear only that you “pursued her” and then cuff you, book you and jail you.
It is ALWAYS best to have a lawyer talk to the police. Never advise anyone to talk to the police without an attorney.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.No person can be compelled to be a witness against himself.
Compel: "to cause to do or occur by overwhelming pressure".
Being told during questioning "refusal to answer our questions now may greatly increase the odds of your being convicted" seems pretty compelling to me. For the Fifth Amendment to mean ANYTHING, there must be no mention at trial of any refusal to submit to questioning.
If you stay silent, you don’t concoct anything that says you are innocent.
I don’t understand your reasoning.