The right to remain silent

April 9, 2012

  • 110 Criminal Law
  • 110XVII Evidence
  • 110XVII(M) Statements, Confessions, and Admissions by or on Behalf of Accused
  • 110XVII(M)4 Adoptive Admissions; Silence
  • 110k410.32 Silence
  • 110k410.36 k. Post-arrest Silence; Custody.

110 Criminal LawThere was no due process violation in prosecutor’s questioning of a police officer who had interrogated murder defendant so as to elicit a reference to defendant’s response, which allegedly amounted to silence; defendant had met with police several times, waived his right to remain silent, and made statements, and only when asked about inconsistencies in his statements did he put his fingers in his ears and refuse to say more, and thus any effective silence could be used in an attempt to illuminate the significance of what had been said.
Bland v. Hardy, 10-1566, 2012 WL 432588 (7th Cir. Feb. 13, 2012)
Suggested by Craig A. Gustafson, Principal Attorney Editor, Westlaw