Methinks the Lady Doth Protest Too Little: Reassessing the Probative Value of Silence
MK Thompson - U. Louisville L. Rev., 2008 - HeinOnline
U. Louisville L. Rev., 2008•HeinOnline
The syllogism1 goes as follows: major premise-Innocent people proclaim their innocence in
response to an accusation; minor premise-Defendant failed to respond to an officer's
accusation that he killed his wife; conclusion-Defendant is guilty of killing his wife. This
syllogism is the basis upon which courts and lawmakers allow a defendant's silence to be
admitted into evidence as proof of guilt. They reason that it is quite appropriate forjurors to
infer that innocent people would proclaim their innocence and, therefore, a defendant's …
response to an accusation; minor premise-Defendant failed to respond to an officer's
accusation that he killed his wife; conclusion-Defendant is guilty of killing his wife. This
syllogism is the basis upon which courts and lawmakers allow a defendant's silence to be
admitted into evidence as proof of guilt. They reason that it is quite appropriate forjurors to
infer that innocent people would proclaim their innocence and, therefore, a defendant's …
The syllogism1 goes as follows: major premise-Innocent people proclaim their innocence in response to an accusation; minor premise-Defendant failed to respond to an officer's accusation that he killed his wife; conclusion-Defendant is guilty of killing his wife. This syllogism is the basis upon which courts and lawmakers allow a defendant's silence to be admitted into evidence as proof of guilt. They reason that it is quite appropriate forjurors to infer that innocent people would proclaim their innocence and, therefore, a defendant's decision not to speak constitutes evidence of his or her guilt.
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