All Articles tagged silence

• General
  January 01, 2018 EDT
  SILENCE AND REMORSELESSNESS
  Caleb J. Fountain

  This article takes the position that the self-incrimination clause of the Fifth Amendment prohibits an inference that defendant’s silence at sentencing is evidence of the defendant’s remorselessness.

• Justice Commentaries
  December 17, 2016 EDT
  THE PROSECUTOR’S DUTY OF SILENCE
  Bennett Gershman

  This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.