United States v. Hale

Respondent was tried and convicted of robbery in the District Court for the District of Columbia.1 During cross-examination at trial the prosecutor asked respondent why he had not given the police his alibi when he was questioned shortly after his arrest. The trial court instructed the jury to disregard the colloquy but refused *173to declare a mistrial. The Court of Appeals for the District of Columbia Circuit reversed, holding that inquiry into respondent’s prior silence impermissibly prejudiced his defense and infringed upon his right to remain silent under Miranda v. Arizona, 384 U. S. 436,…