3.10 Defendant's Silence in the Face of Accusation is a legal concept that states that if a defendant is silent in response to an accusation or charge brought against them, that silence cannot be used as evidence of guilt. This principle applies in criminal proceedings, where a defendant has the right to remain silent and cannot be compelled to testify against themselves. This legal principle is based on the Fifth Amendment of the U.S. Constitution, which protects individuals from being forced to be a witness against themselves in a criminal trial. There are two types of Defendant's Silence in the Face of Accusation: rearrest silence and post-arrest silence. The Rearrest silence is when a defendant remains silent prior to being arrested and charged with a crime, while post-arrest silence is when a defendant remains silent after being arrested and charged with a crime. In both cases, the defendant's silence cannot be used as evidence of guilt.
3.10 DEFENDANT'S SILENCE IN THE FACE OF ACCUSATION
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Held, that silence in the face of pertinent and direct accusation of crime par- takes of the nature of a confession, and is admissible as a circumstance to be considered by the jury as tending to show guilt, even though the person accused is in custody on the charge.
Held, that silence in the face of pertinent and direct accusation of crime par- takes of the nature of a confession, and is admissible as a circumstance to be considered by the jury as tending to show guilt, even though the person accused is in custody on the charge.
In most cases, admission by silence is not admissible in court. However, there are limited exceptions. First and foremost, evidence of a defendant's silence can only be introduced against a defendant who was not under arrest at the time the accusation was made.
The Fifth Amendment privilege against self-incrimination precludes the admission of a defendant's silence as an adoptive admission if there is evidence that, by remaining mute, the defendant was exercising his constitutional right to remain silent. (People v. Preston (1973) 9 Cal.
This decision clarified that a suspect's silence can be used against them in court if they have not been formally arrested or advised of their Miranda rights, and if they have not affirmatively invoked their right to remain silent.
A silence in the face of accusation instruction is a permissive inference instruction and, as such, the Committee recommends that it generally not be given. If a defendant is in custody, silence in the face of an accusatory statement does not constitute an admission of the truth of the statements.
The Fifth Amendment privilege against self-incrimination precludes the admission of a defendant's silence as an adoptive admission if there is evidence that, by remaining mute, the defendant was exercising his constitutional right to remain silent.
Police read Miranda rights when they take suspects into custody. It sounds like this: ?You have the right to remain silent. Anything you say can and will be used against you in a court of law.