"…the respect a government ... must accord to the dignity and integrity of its citizens. To maintain a fair state-individual balance, to require the government to shoulder the entire load ... to respect the inviolability of the human personality."
On the other hand, there were many who called for the abolition of these rights in general, and not only in the corporate context, since they constitute a city of refuge for criminals. Critics claim that these are ancient defenses, some of which are anchored in religious sources (the right to remain silent was given so as not to violate a religious oath) and some of which claim to be a practice of interrogation of torture that does not exist today (see, for example, William J. Stuntz, "Self-Incrimination and Excuse" 88 Colm. L. Rev. 1127, 1232 (1988). See also Alschuler, The Right to Remain Silent, ibid., p. 2668). It was further argued that when the right to remain silent was granted, the punishment for most of the serious crimes was death, and the conviction could be based solely on the defendant's confession (in this regard, see: Wagner, Corporate Right to Remain Silent, ibid., at p. 522). According to him, it is now possible to suffice with evidentiary reinforcements for confessions and to cancel the right to remain silent, and the right not to self-incriminate the defendant in his own trial.
In discussing these defenses (as set forth in the legislation as detailed below), the Supreme Court has discussed the principles underlying these rights on a number of occasions, and in various formulations, relating to the conceptual basis and principles that I discussed above. Thus, for example, the Honorable Justice T. Strasberg Cohen emphasized the dilemma, or as she put it, the "trilemma" between the duty to tell the truth, and the desire of the suspect or defendant to escape the fear of the law (Hachami, at paragraph 14 of her judgment at p. 765): "The right to remain silent is meant to prevent a person from being caught in a dilemma in which he vacillates between the moral and legal obligation to tell the truth and the human weakness to lie in order to save his skin, and getting entangled in contempt of court due to his refusal to testify. All of this is prevented by the right to remain silent.".