right to remain silent

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Use of a Defendant’s Pre- and Post-Arrest Silence at Trial

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The N.C. Court of Appeals’ recent decision in State v. Harrison raises an issue that arises with some frequency in N.C. criminal trials: When can the State use evidence of a defendant’s pre- and post-arrest silence at trial? In this post I’ll address that issue. In Harrison, the defendant was convicted of larceny of a … Read more

Berghuis v. Thompkins

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Yesterday, the United States Supreme Court decided Berghuis v. Thompkins, an important Miranda case. (There are other issues in the case, too, but this post will focus on the Miranda claim.) The basic facts, taken from the Court’s syllabus, are as follows: After advising respondent Thompkins of his rights, in full compliance with Miranda v. … Read more