NCJ Number
39246
Journal
Cleveland State Law Review Volume: 25 Issue: 2 Dated: (1976) Pages: 261-296
Date Published
1976
Length
36 pages
Annotation
REVIEW OF THE SUPREME COURT DECISION IN DOYLE V OHIO (1976) WHICH HELD THAT THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT PREVENTS THE USE OF A DEFENDANT'S POST-ARREST SILENCE TO IMPEACH HIS TESTIMONY.
Abstract
THIS NOTE OUTLINES THE GENESIS OF THE ISSUE OF IMPEACHMENT BY POST-ARREST SILENCE BY EXAMINING FEDERAL COURT DECISIONS PRIOR TO THE US SUPREME COURT'S PREVIOUS RULING ON THIS ISSUE IN US V HALE (1975). THE HALE COURT'S TREATMENT OF THE USE OF POST-ARREST SILENCE TO IMPEACH TRIAL TESTIMONY IS THEN ANALYZED TO AMPLIFY THE SHORTCOMINGS OF THE DECISION BASED SOLELY ON EVIDENTIARY CONSIDERATIONS. THE CONSTITUTIONAL ASPECTS OF THE ISSUE ARE DISCUSSED AND THE PRONOUNCEMENT OF THE DOYLE COURT IS STUDIED WITH AN EMPHASIS ON THE CONTINUITY BETWEEN THE HALE AND DOYLE DECISIONS. THE AUTHOR CONCLUDES THAT THE DOYLE COURT'S ADOPTION OF A PER SE EXCLUSIONARY RULE ON THE PROSECUTORIAL USE OF POST-ARREST SILENCE AGAINST A DEFENDANT AT TRIAL ENSURES CRIMINAL DEFENDANTS AGAINST CONVICTIONS BASED ON INVOKING THE CONSTITUTIONAL RIGHT TO REMAIN SILENT....EB