Also known as: post-Miranda silence · post Miranda warning silence · Doyle violation · Miranda silence
Written by attorneys · grounded in primary & secondary sources — see below
A defendant's choice to remain silent after receiving Miranda warnings from law enforcement. The prosecution may not use that silence as substantive evidence of guilt or to rebut an insanity defense because the warnings carry an implicit assurance that silence carries no penalty.
Priscilla Parks was arrested for arson after setting fire to an apartment building. Officers read her Miranda warnings at the station. She remained silent when asked whether she understood that burning the building was wrong. At trial she raised an insanity defense based on a psychotic delusion. The prosecutor argued that her refusal to answer showed she understood social norms and was not insane. The court sustained the objection and excluded the argument.
Pavel Petrov was arrested for tampering with patient medications at a hospital. After Miranda warnings he stayed silent when asked about his actions. At trial the prosecutor asked one question about that silence. Defense counsel objected and the judge sustained the objection while instructing the jury to disregard the question. The single improper reference did not affect the verdict.
Select any source to read its text and confirm it supports the definition.
No. Once Miranda warnings are given the government implicitly assures the suspect that remaining silent carries no penalty. Using that silence as evidence that the defendant is sane or fabricating an insanity claim violates due process.
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No. When an objection is sustained and the jury is instructed to disregard the question the error may be harmless. The court examines whether the improper reference affected the verdict.
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No. The prohibition extends to using the silence as substantive evidence to rebut an insanity defense or any other defense. The constitutional bar is not limited to proving guilt on the elements of the crime.
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