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- Title
THE SOUND OF SILENCE: EVIDENTIARY ANALYSES OF PRECUSTODIAL SILENCE IN LIGHT OF SALINAS V. TEXAS.
- Authors
Mansour, Lukas
- Abstract
In the recent Supreme Court case Salinas v. Texas, the Court declined to answer whether precustodial silence should be admissible as evidence of a defendant's guilt. This Comment uses the case as an example from which it argues that courts should take a different approach to precustodial silence. Rather than examining a defendant's precustodial silence from a constitutional perspective, as many courts, including the Supreme Court, have done, this Comment argues that courts would be better served examining this type of silence from an evidentiary perspective instead.
- Subjects
EVIDENCE; SALINAS v. Texas (Supreme Court case); UNITED States. Supreme Court; DEFENDANTS; GUILT (Law); CRIMINAL law
- Publication
Journal of Criminal Law & Criminology, 2016, Vol 105, Issue 1, p271
- ISSN
0091-4169
- Publication type
Article