Criminal
Apr. 28, 2015
Reversal of conviction signals more clarity needed in silence's protection
The California Supreme Court held in a 4-3 decision last August that a criminal defendant must speak in order to remain silent. But doesn't appear to be the last word on the subject.
Daily Journal Staff Writer
The California Supreme Court held in a 4-3 decision last August that a criminal defendant
must speak in order to remain silent - that is, a defendant has to unambiguously invoke
his Fifth Amendment right against self-incrimination to prevent prosecutors at trial
from pointing to silence as evidence of guilt consciousness.
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