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Home / Top Legal News / Duress notice doesn’t waive 5th Amendment rights  (access required)

Duress notice doesn’t waive 5th Amendment rights  (access required)

  A criminal defendant doesn’t forfeit their right to remain silent by giving pre-trial notice of their intent to offer the affirmative defense of duress, and prosecutors may not preemptively impeach a defendant during its case-in-chief, the North Carolina Supreme Court has unanimously ruled.  The Aug. 13 ruling reversed the state’s Court of Appeals judgment affirming the ...

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