Category Archives: Post-Arrest Silence

Category Archives: Post-Arrest Silence

Prosecutors cannot cross-examine or comment on a defendant’s post-arrest silence

Approximately two months ago, in People v. Deny Quinonez, No. 1-09-2333, the Illinois Appellate court (1st Dist.), affirmed Illinois law that a defendant’s post-arrest silence cannot be used to cross-examine him at trial. This case is significant because it stated that although the federal Constitution does not purport to prohibit the use of silence prior […]

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