Abstract

http://ssrn.com/abstract=1024027
 
 

Footnotes (17)



 


 



The English Warning


Craig Bradley


Indiana University Maurer School of Law


Trial Magazine, Vol. 43, December 2007
Indiana Legal Studies Research Paper No. 90

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.

Number of Pages in PDF File: 6

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

Accepted Paper Series





Download This Paper

Date posted: October 23, 2007 ; Last revised: June 29, 2013

Suggested Citation

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

Contact Information

Craig Bradley (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
Feedback to SSRN


Paper statistics
Abstract Views: 668
Downloads: 100
Download Rank: 162,817
Footnotes:  17

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.343 seconds