What is the effect of a jury failing to instruct the jury that post-arrest statements to the police were not in violation of Miranda?
California, United States of America
The following excerpt is from People v. Torrez, 31 Cal.App.4th 1084, 37 Cal.Rptr.2d 712 (Cal. App. 1995):
Appellant asserts that the trial court committed reversible error by failing to instruct the jury that appellant's post-arrest statements to the police, which the court had found were taken in violation of Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, could be used only for the purpose of evaluating his credibility. The
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