Final answer:
The 'code of silence' refers to a cultural norm of not testifying against associates, while legally, the right to remain silent protects individuals from self-incrimination in the legal system. Supreme Court cases such as Berghuis v. Thompkins clarify that suspects must expressly invoke this right. In practice, the principle is challenged by scenarios resembling the 'prisoner's dilemma', where individuals must decide whether to stay silent or confess for a potentially lesser sentence.
Step-by-step explanation:
The term code of silence commonly refers to a cultural norm among certain groups where members refuse to testify against each other, often to avoid incriminating themselves or their associates. In the context of law enforcement and the legal system, the right to remain silent is a legal principle which means a suspect has the right to not answer questions that might be self-incriminating. This principle is famously encapsulated in the Miranda warning, which informs a detained individual that they have the right to remain silent because anything said can be used against them in court, as well as the right to legal counsel.
Two landmark U.S. Supreme Court cases highlight the specifics of this right. In Berghuis v. Thompkins, it was determined the right to remain silent does not exist unless the suspect clearly states it, while in Salinas v. Texas, the Fifth Amendment was ruled not to protect an individual's refusal to answer law enforcement questions before arrest or being given the Miranda warning, hence they must expressly invoke this right to benefit from it.
In a scenario involving co-conspiratorial criminals, the dilemma of whether to keep the code of silence can become a strategic decision, often resembling the well-known prisoner's dilemma. If both prisoners stay silent, they may get a lesser sentence due to weak evidence against them. But the temptation to confess in exchange for a potentially reduced sentence makes this an intricate decision weighed heavily against the possibility of betrayal by the other party.