ACCUSED'S SILENCE DURING CUSTODIAL INTERROGATION MAY NOT BE USED TO IMPEACH CREDIBILITY

• NCJ Number: 38019
• Journal: University of Miami Law Review Volume: 30 Issue: 3 Dated: (SPRING 1976) Pages: 773-779
• Author(s): F C SAKE
• Date Published: 1976
• Length: 7 pages
• Corporate Author: University of Miami
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF THE DECISION IN US V HALE (1975) WHICH HELD THAT IT IS A PREJUDICIAL ERROR FOR A FEDERAL COURT TO PERMIT CROSS-EXAMINATION OF A DEFENDANT CONCERNING HIS SILENCE DURING POLICE INTERROGATION.

Abstract

IN HALE, THE PROSECUTOR ATTEMPTED TO IMPEACH THE DEFENDANT'S TESTIMONY BY CAUSING HIM TO ADMIT ON CROSS-EXAMINATION THAT HE HAD NOT OFFERED EXCULPATORY INFORMATION CONTAINED IN HIS TESTIMONY AT THE TIME OF POLICE INTERROGATION. THE TRIAL COURT INSTRUCTED THE JURY TO DISREGARD THE COLLOQUY BUT REFUSED TO DECLARE A MISTRIAL, AND HALE WAS CONVICTED. A COURT OF APPEALS REVERSED AND THE SUPREME COURT AFFIRMED. THE AUTHOR CRITICIZES THE MAJORITY'S FAILURE TO BASE ITS DECISION ON CONSTITUTIONAL RATHER THAN EVIDENTIARY GROUNDS, AS THIS LEAVES THE DOOR OPEN FOR FUTURE USE OF A DEFENDANT'S SILENCE DURING POLICE INTERROGATION FOR OTHER PURPOSES AT TRIAL.