Can a defendant's pre-arrest silence during cross-examination be used as evidence?
California, United States of America
The following excerpt is from People v. Clark, 171 Cal.App.3d 889, 217 Cal.Rptr. 819 (Cal. App. 1985):
2 The provisions of Proposition 8 are applicable to the present offense. (People v. Smith (1983) 34 Cal.3d 251, 257-258, 193 Cal.Rptr. 692, 667 P.2d 149.)
3 In People v. Jacobs (1984) 158 Cal.App.3d 740, 204 Cal.Rptr. 849, the court made a similar determination as to the use of a defendant's pre- and post-arrest silence during cross-examination.
4 See footnote *, ante.
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