Originally Posted by cullennz
In England some of these issues are dealt with by 'joint purpose'. If one of two parents killed a child but they refuse to give evidence against each other and each claim the other did it, they can both be convicted under joint purpose. This also occurs in gang killings where one member of a gang may have killed some one in an affray, all participants may be convicted of murder.
Secondly in England there is not an absolute right to silence, failing to make a statement without good reason can be interpreted negatively by the court.
“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.”