The Supreme Court ruled on Monday, June 17, 2013 that a person’s silence prior to receiving a Miranda warning can be used as evidence against him. The 5-4 ruling came in the case of Genovevo Salinas, who was convicted of murder in Texas in 1992. Prior to issuing Salinas a Miranda warning, police asked about a shotgun to which Salinas had access and Salinas declined to answer. Prosecutors used that silence as evidence. Salinas’ lawyers argued that his Fifth Amendment rights should have kept his silence from being used against him. Texas courts found that pre-Miranda silence is not protected and today the Supreme Court agreed.
Prof. David Gray teaches criminal law, criminal procedure, international criminal law, and jurisprudence. He was voted “Professor of the Year” in 2012. His scholarly interests focus on transitional justice, criminal law, criminal procedure, and constitutional theory. His recent publications have appeared or are forthcoming in Minnesota Law Review, Texas Law Review, the Journal of Criminal Law and Criminology, American Criminal Law Review, Vanderbilt Law Review, California Law Review, Alabama Law Review, Washington University Law Review, Stanford Law Review, Law & Contemporary Problems, Fordham Law Review, and in other leading journals as well as in prominent volumes edited by leading scholars. In addition to his own scholarship, Professor Gray works closely with students to develop and publish their work. Recent work written by or with his students has appeared in the Encyclopedia of Criminology and Criminal Justice, New England Law Review, the Federal Sentencing Reporter, Vermont Law Review, Maryland Law Review, and in edited collections. Consistent with the Law School’s mission as a public educational institution, Professor Gray frequently provides expert commentary for local and national media outlets. Prior to joining the School of Law Faculty, Professor Gray practiced law at Williams & Connolly LLP, was a Visiting Assistant Professor at Duke University School of Law, and served as a clerk in the chambers of The Honorable Chester J. Straub, U.S. Court of Appeals for the Second Circuit, and The Honorable Charles S. Haight, Jr., U.S. District Court for the Southern District of New York. Professor Gray is admitted to the Massachusetts, Pennsylvania, and District of Columbia bars. He also serves on the Law and Philosophy Committee of the American Philosophical Society.
Prof. Gray is available over the phone.
Read Prof. Gray's bio here: http://www.law.umaryland.edu/faculty/profiles/faculty.html?facultynum=598
Contact Alex Likowski,Director of Media Relations, [email protected] or 410-292-3925.
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