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IMPROPER TO IMPEACH A DEFENDANT'S CREDIBILITY BY REFERENCE TO HIS MIRANDA-INDUCED SILENCE DURING POLICE INTERROGATION - UNITED STATES V HALE

NCJ Number
31660
Journal
American Criminal Law Review Volume: 13 Issue: 2 Dated: (FALL 1975) Pages: 263-270
Author(s)
M B GASCH
Date Published
1975
Length
8 pages
Annotation
THE POTENTIAL EFFECT OF THE HALE DECISION IS TO DEFINE FURTHER THE PARAMETERS WITHIN WHICH THE EVIDENTIARY ISSUES SURROUNDING IMPEACHMENT BY SILENCE CAN BE DETERMINED.
Abstract
PROSECUTORS WILL BE ABLE TO INTRODUCE EVIDENCE ON A DEFENDANT'S SILENCE (PURSUANT TO HIS FIFTH AMENDMENT RIGHTS) ONLY IF THE SILENCE CAN BE SHOWN TO BE GROSSLY INCONSISTENT WITH SUBSEQUENT TESTIMONY.

Corporate Author
American Bar Association
Address

United States

Publication Format
Article
Language
English
Country
United States of America