University of Miami Law Review


Pursuant to Miranda, a defendant has a right to remain silent during custodial interrogation. As a concomitant of that right, a recent United States Supreme Court decision held that a defendant's failure to offer exculpatory statements during such an investigation may not be used in the subsequent trial for the purpose of impeachment as a prior inconsistent statement. The author criticizes the majority's failure to base its decision on constitutional, rather than evidentiary grounds, as this leaves the door open for future use of "silence" for other purposes at trial.