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
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

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.