Officer arresting a man. Shutterstock image Recent Pa. Supreme Court Case Tackles Pre-Arrest and Post-Arrest Silence
The distinction between pre-arrest and post-arrest silence is crucial. Prejudice to defendants whose post-arrest silence is brought up is "innate." The prosecution must prove beyond a reasonable doubt that the error did not affect the deliberations of the jury.
September 07, 2023 at 11:31 AM
6 minute read
Criminal Law
Most Americans can recite the Miranda warnings verbatim—not because of the power and substance of some high school civics class—but because of television crime dramas. The Miranda warnings are etched into our psyche, "You have the right to remain silent …" However, that iconic first line is not as clear as one might think.
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