The English Warning
Indiana University Maurer School of Law
Trial Magazine, Vol. 43, December 2007
Indiana Legal Studies Research Paper No. 90
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
Date posted: October 23, 2007 ; Last revised: June 29, 2013