ASIS International (ASIS) Professional Certified Investigator Practice Exam

What is stated about a defendant's silence during police questioning in State v. Marple?

1. It implies guilt in all cases

2. No conclusions can be drawn from the silence

3. It can be used as evidence against them

4. It is seen as cooperation with law enforcement

The correct answer is: No conclusions can be drawn from the silence

In State v. Marple, the court established that no conclusions can be drawn from a defendant's silence during police questioning. This principle is rooted in the protection of an individual's right against self-incrimination. The law recognizes that a defendant is under no obligation to speak to law enforcement and that remaining silent does not inherently suggest guilt or innocence. The rationale is that a person's silence can stem from various factors, such as a desire for legal counsel, fear, confusion, or personal circumstances unrelated to the case at hand. By upholding this principle, the court ensures that defendants are not unfairly prejudiced based on their choice to refrain from answering questions.