AJ 014 Lecture Notes - Lecture 20: Closing Argument, Polygraph
2 Oct 2020
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Where a defendant does not invoke his right to remain silent after fully understanding his miranda rights, he implicitly waives his miranda rights by making a voluntary statement to police. F: police asked d to come to station to "clear himself" as a suspect in murder case. D was not given miranda warnings at the station b/c he was not in custody and free to leave. When d was asked whether the shotgun in his home would match the shells recovered from murder scnee, d was silent. D, instead, looked at ground and shuffled feet, bit bottom lip, etc. After few moments of silence, d answered other questions. Ph: during pro closing argument, pros attempted to use d"s reaction to dispute his innocence. Ct noted that it originally granted certiori to resolve division of authority in lower courts. over whether the pros may use a d"s assertion of the privilege against self-incrimination during noncustodial police questioning.
