The English Warning

Trial Magazine, Vol. 43, December 2007

Indiana Legal Studies Research Paper No. 90

6 Pages Posted: 23 Oct 2007 Last revised: 29 Jun 2013

See all articles by Craig Bradley

Craig Bradley

Indiana University Maurer School of Law

Abstract

This article proposes that the warning given to English criminal suspects prior to interrogation, in addition to the Miranda-type warnings - that your silence may be used against you if it is inconsistent with a defense raised at trial - is desirable to derail spurious defenses raised by defendants at trial and is supported by ordinary evidence law. The constitutional unfairness bar to using post-warning silence imposed by Doyle v. Ohio is obviated when the suspect is warned of possible use. Subsequent Supreme Court cases, such as South Dakota v. Neville suggest that such a system would meet with Supreme Court approval.

Keywords: Miranda warnings, use of silence, Fifth amendment, right to silence, Doyle, Neville, Beckles v. United Kingdom

Suggested Citation

Bradley, Craig, The English Warning. Trial Magazine, Vol. 43, December 2007, Indiana Legal Studies Research Paper No. 90, Available at SSRN: https://ssrn.com/abstract=1024027

Craig Bradley (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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