Should this response have been excluded at trial

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Reference no: EM133235084

Does mere silence invoke Miranda? Key facts: Police advised a murder suspect of his Fifth Amendment Miranda rights. They then interrogated him for several hours. During that time, the defendant did not say that he wanted to remain silent or that he did not want to speak with an attorney. He was largely silent, until he was asked "Do you pray to God to forgive you for shooting that boy?" At that point, the defendant answered, "Yes." He refused to make a written confession and the interrogation ended about 15 minutes later. This response was presented as evidence of a confession at trial.

The issue: Should this response have been excluded at trial? Did the defendant waive his right to remain silent?

Reference no: EM133235084

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