10 years ago, I would tell you I agree. Now, I think this sounds incredibly open to abuse. This is the cabal of governments that sends people to third world countries to waterboard them. Are they really trustworthy with this power? My answer, today, would be "no".
What ever happened to old fashioned law enforcement? Are the police really so lazy that they have to have your help. Somehow the US is able to function without getting rid of (yet) the right to remain silent in criminal court. Certainly, there must be enough non-encrypted evidence for most crimes of import that prosecution is possible.
And if prosecution is possible, then what is the need?
"But it may harm your defense if you do not mention when questioned something which you later rely on in court."...do u mind explaining to me (american) exactly what that means? like if the cops arrest me and ask where i was last night and I don't tell them i was having dinner with their chief's wife (and thus not murdering mine), does that mean i absolutely cannot use that fact as part of my defense if my lawyer decides during trial it might be a good idea?" and do u at least have the right to have a lawyer present when you're being questioned like this?
https://en.wikipedia.org/wiki/Right_to_silence_in_England_an... is a good summary. You can claim it later, although the jury are entitled to infer from your not mentioning it earlier that you've made it up since the initial questioning. It has to be related to factual matters which you're actually questioned about. You're entitled to shut up until you get your lawyer present for the police questioning, but at that point you have to have your story straight.
> like if the cops arrest me and ask where i was last night and I don't tell them i was having dinner with their chief's wife (and thus not murdering mine), does that mean i absolutely cannot use that fact as part of my defense if my lawyer decides during trial it might be a good idea?
The issue is that a prosecutor may use the omission of certain facts during your interrogation as a way to cast doubt on your intentions or character. It's a very common tactic.
>do u at least have the right to have a lawyer present when you're being questioned like this?
https://www.gov.uk/arrested-your-rights/legal-advice-at-the-... explains things quite well. IIRC you're obliged to identify yourself when questioned but don't have to give any other details. You then have the right to legal representation, a free independent lawyer is provided on request if you don't have one.
I don't think we have a complete right of silence without - for example - being found in contempt of court.
It won't result in contempt of court, but it will result in a direction to the jury that they're entitled to consider unsupported statements you've made in court (but not earlier) as false.
What ever happened to old fashioned law enforcement? Are the police really so lazy that they have to have your help. Somehow the US is able to function without getting rid of (yet) the right to remain silent in criminal court. Certainly, there must be enough non-encrypted evidence for most crimes of import that prosecution is possible.
And if prosecution is possible, then what is the need?