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Methinks The Lady Doth Protest Too Little: Reassessing The Probative Value Of Silence, Mikah K. Thompson
Methinks The Lady Doth Protest Too Little: Reassessing The Probative Value Of Silence, Mikah K. Thompson
Faculty Works
The syllogism 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 for jurors 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.
This …
To Speak Or Not To Speak: Navigating The Treacherous Waters Of Parallel Investigations Following The Amendment Of Federal Rule Of Evidence 408, Mikah K. Thompson
To Speak Or Not To Speak: Navigating The Treacherous Waters Of Parallel Investigations Following The Amendment Of Federal Rule Of Evidence 408, Mikah K. Thompson
Faculty Works
In 2006, the Advisory Committee on Evidence Rules surprised many scholars when it amended Federal Rule of Evidence 408 concerning the admissibility of offers of compromise. Prior to its amendment, Rule 408 generally prohibited the admissibility of statements made during settlement talks when offered to prove or disprove liability. The newly amended Rule 408 creates an exception for statements made to government officials during settlement talks when the official is acting in a civil capacity.
The drafters of the new Rule 408 believe that statements made to private litigants during settlement talks deserve greater protection than statements made to government …