Section 25.21 Pre- and Post-Arrest Statements and Conduct or Flight

• Library: Criminal Practice 2012 Supp

10. (§25.21) Pre- and Post-Arrest Statements and Conduct or Flight

The prosecutor may not argue the defendant’s failure to volunteer an exculpatory statement. State v. Leonard, 606 S.W.2d 403 (Mo. App. E.D. 1980); State v. Hill, 823 S.W.2d 98 (Mo. App. E.D. 1991). But courts have permitted comment on a defendant’s silence and failure to make an exculpatory statement during the period before arrest and before receiving the Miranda warning. Jenkins v. Anderson, 447 U.S. 231 (1980); State v. Lawrence, 569...