One’s constitutional right to silence is not an all or nothing proposition. I regularly advise individuals who have been arrested or detained to provide the police with some information, that is, biographical information (name, address, date of birth, etc.), but advise them to give no further information than this. And the right to silence does not preclude an accused from giving a statement to police if he wishes, and later deciding not to give evidence at trial.
And while I am a fan of the English philosopher Jeremy Bentham, I disagree with him that “innocence never takes advantage of