In the recent Supreme Court case Salinas v. Texas, the Court declined to answer whether precustodial silence should be admissible as evidence of a defendant’s guilt. This Comment uses the case as an example from which it argues that courts should take a different approach to precustodial silence. Rather than examining a defendant’s precustodial silence from a constitutional perspective, as many courts, including the Supreme Court, have done, this Comment argues that courts would be better served examining this type of silence from an evidentiary perspective instead.
The Sound of Silence: Evidentiary Analyses of Precustodial Silence in Light of Salinas v. Texas,
J. Crim. L. & Criminology