CDR: On remaining silent.

[A. Melon]

I've just been doing a bit of research on admissibility of pre- and
post-arrest silence of an accused in the US.  In light of RIP, I dug
through some info on the UK's Miranda equivalent:

In the UK, Home Office guidelines for police formerly called for a warning
upon arrest, "You do not have to say anything unless you wish to do so,
but what you say may be given in evidence."

In 1994, the prescribed warning was amended to read, "You do not have to
say anything. But if you do not mention now something which you later use
in your defense, the court may decide that your failure to mention it now
strengthens the case against you. A record will be made of anything you
say, and it may be given in evidence if you are brought to trial."

(See Milbank, "Britain Undermines the Right of a Suspect to Remain
Silent," WSJ, August 19, 1994, p. B8)

Swell.