You Might Have The Right To Remain Silent: An Erosion Of The Fifth Amendment With The Use Of Pre-Arrest Silence
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Authors
Oakley, Cameron
Issue Date
2016
Volume
49
Issue
3
Type
Journal Article
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Keywords
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Abstract
INTRODUCTION|You have the right to remain silent. Anything you say- and, in some states, anything you do not say- can and will be used against you in a court of law. Although the United States Supreme Court has clearly held that an individual has a right to remain silent after arrest, the Court has avoided determining whether the Fifth Amendment to the United States Constitution also protects an individual's pre-arrest silence from being utilized as evidence of guilt. Currently across the United States, courts are increasingly divided regarding whether it is constitutional to admit an individual's pre-arrest silence as substantive evidence of guilt. Specifically, eight of the United States Courts of Appeals have addressed this issue, which resulted in an even split. Because a constitutional right hangs in the balance and often an individual's liberty or even life is at risk in these criminal proceedings, the United States Supreme Court must resolve this split...
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Citation
Publisher
Creighton University School of Law