CRIMINAL LAW - CONSTITUTIONAL PROHIBITION AGAINST USE OF POST-ARREST SILENCE FOR IMPEACHMENT PURPOSES

• NCJ Number: 41241
• Journal: Dickinson Law Review Volume: 81 Issue: 3 Dated: (SPRING 1977) Pages: 649-655
• Author(s): ANON
• Date Published: 1977
• Length: 7 pages
• Corporate Author: Dickinson School of Law
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE U.S. SUPREME COURT RULING IN DOYLE V OHIO (1976) WHICH HELD THAT THE PROSECUTION CANNOT USE THE DEFENDANT'S POST-ARREST SILENCE FOR IMPEACHENT PURPOSES DURING CROSS-EXAMINATION.

Abstract

THE AUTHOR ANALYZES THE DOYLE COURT'S DUE PROCESS RATIONALE AND CONCLUDES THAT THE DECISION CORRECTLY DICTATES UNIFORMITY IN STATE AND FEDERAL COURTS, ALTHOUGH THE NEED FOR A MORE THOROUGH ARTICULATION OF THE IMPLICATIONS OF DOYLE....EB