Criminal
Apr. 5, 2012
Admissibility of pre-Miranda silence: silence louder than words
Since the reason why someone might choose to be silent is "insolubly ambiguous," it would be wrong to allow a jury to leap to the wrong conclusion. By Richard La Fianza and Frank M. Loo
I recently asked my wife if she would like to see "John Carter of Mars." She looked at me and smiled, but said nothing. I then told her, "I guess I can take the kids." Sometimes silence can speak volumes. Prosecutors know this to be true. They often argue that when accused of wrong doing, most innocent people will speak up and deny the charges. A defendant's silence, therefore, can also speak volumes....
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