Does a jury have to impeach a defendant who has been formally advised by an officer of the law that he has a right to remain silent?
California, United States of America
The following excerpt is from People v. Galloway, 100 Cal.App.3d 551, 160 Cal.Rptr. 914 (Cal. App. 1979):
"After an arrested person is formally advised by an officer of the law that he has a right to remain silent, the unfairness occurs when the prosecution, in the presence of the jury, is allowed to undertake impeachment on the basis of what may be the exercise of that right." (Doyle v. Ohio, supra, 426 U.S. at p. 619, fn. 10, 96 S.Ct. at p. 2245, fn. 10.)
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