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Home / Opinion Digests / Criminal Practice / Criminal Practice Constitutional – Right against Self-Incrimination – Duress Defense (access required)

Criminal Practice Constitutional – Right against Self-Incrimination – Duress Defense (access required)

When a criminal defendant gives pretrial notice of her intent to present a duress defense, she does not forfeit her right to remain silent. Regardless, the state cannot impeach a criminal defendant, before the defendant has testified, during the state’s case-in-chief. We reverse the Court of Appeals’ decision upholding defendant’s convictions for felony trafficking in methamphetamine ...

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