NCJ Number
40502
Journal
Journal of Criminal Law & Criminology Volume: 67 Issue: 4 Dated: (DECEMBER 1976) Pages: 397-407
Date Published
1977
Length
11 pages
Annotation
REVIEW OF 2 U.S. SUPREME COURT DECISIONS IN DOYLE V OHIO (1976) AND MICHIGAN V MOSLEY (1975) WHICH CONSIDERED THE CONSEQUENCES THAT A SUBJECT OF CUSTODIAL INTERROGATION MAY SUFFER AS A RESULT OF ASSERTING HIS RIGHT TO SILENCE.
Abstract
IN DOYLE, THE COURT HELD THAT THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT PROHIBITS PROSECUTION USE OF POST ARREST SILENCE FOR IMPEACHMENT PURPOSES. THE MOSLEY RULING STATED THAT WHERE AN ACCUSED HAS EXERCISED HIS RIGHT TO REMAIN SILENT DURING AN INITIAL INTERROGATION BY ONE POLICE OFFICER BUT HAS MADE INCULPATORY STATEMENTS DURING LATER QUESTIONING BY A SECOND OFFICER REGARDING AN UNRELATED CRIME, THE LATER STATEMENTS ARE ADMISSIBLE AT TRIAL. THE AUTHOR EXAMINES THE FACTS IN EACH CASE AS WELL AS THE LEGAL REASONING USED IN REACHING THE MINORITY AND MAJORITY OPINIONS IN BOTH. IT IS CONCLUDED THAT THE DOYLE HOLDING HAD THE EFFECT OF EXPANDING THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION WHILE MOSLEY CONSTRICTS THE RIGHT OF THE ACCUSED TO ASSERT HIS RIGHT TO REMAIN SILENT....EB