References to the Defendant’s Assertion of Miranda Rights

Published for NC Criminal Law on August 04, 2011.

Sometimes the state wants to introduce evidence that the defendant invoked his right to remain silent or his right to counsel under Miranda. If the prosecution’s purpose is simply to imply the defendant’s guilt, we know that’s improper from Miranda itself: “In accord with our decision today, it is impermissible to penalize an individual for ... Read more

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