Does a defendant's prearrest silence violate the Fifth Amendment?

California, United States of America


The following excerpt is from People v. Hickerson, A135990 (Cal. App. 2013):

Using a defendant's prearrest, pre-Miranda silence to impeach a defendant who has testified at trial does not violate the Fifth Amendment. "[T]he Fifth Amendment is not violated by the use of prearrest silence to impeach a criminal defendant's credibility"; further, "impeachment by use of prearrest silence does not violate the Fourteenth Amendment." (Jenkins v. Anderson (1980) 447 U.S. 231, 238, 240 [prosecutor argued in closing against defendant's claim of self-defense by pointing out that he did not report the stabbing for two weeks].)

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