CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Monday, January 10, 2005

Breaking Case News: 8th Circuit Holds Custodial Pre-Miranda Silence Can Be Used in Prosecution's Case in Chief

Spotlight_1The Eighth Circuit held on Friday in U.S. v. Frazier that a defendant's post-arrest but pre-Miranda silence can be used against him in the prosecution's case-in-chief.  The defendant's silence in this case was particularly incriminating, because when the officer accused him repeatedly of criminal violations, he made no comment and showed no reaction.

Crime & Federalism Blog does an excellent job blogging this case, including excerpts from the opinion and a discussion of the law on this topic here.  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/01/breaking_case_n_2.html

Confessions and Interrogation | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8350ca10e53ef

Listed below are links to weblogs that reference Breaking Case News: 8th Circuit Holds Custodial Pre-Miranda Silence Can Be Used in Prosecution's Case in Chief:

Comments

Post a comment