To Remain Silent

There is inherent tension between an accused’s fundamental rights and the government’s compelling interest in solving crime, write Christopher Keleher and Steven Becker in their October Illinois Bar Journal article, "To Remain Silent."

Given the gravity of these competing interests, along with the amorphous nature of interrogations, reasonable minds will differ, as a series of recent Illinois Appellate Court reversals reflects. Keleher and Becker identify the federal and state law principles underlying the admissibility of custodial statements, a new Illinois statute that provides clarity for authorities and suspects, and the latest decisions grappling with this issue. Their aim is to assist both sides of the criminal bar in advising their respective clients on the rigors of custodial interrogation.

Read the October Illinois Bar Journal article, "To Remain Silent."