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This confusion creates prejudice for all suspects, with heightened risk for individuals with Autism Spectrum Disorder (ASD), whose noncriminal responses can reflect disability rather than guilt. The Note argues for Supreme Court review to require uniformity: silence must not be used substantively against defendants, and law enforcement should implement ASD-specific training programs.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/research-report/","Research & Report",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/document/silence-isnt-suspicious-why-the-post-arrest-pre-miranda-circuit-split-is-unfairly-prejudicial-to-suspects-with-autism-spectrum-disorder/199389/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/silence-isnt-suspicious-why-the-post-arrest-pre-miranda-circuit-split-is-unfairly-prejudicial-to-suspects-with-autism-spectrum-disorder/199389.png","ImageObject",300,407,{"name":42,"@type":43},"Aria Callaghan","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-10-28","2026-09-04",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",15,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69],{"name":60,"@type":61,"acceptedAnswer":62},"What is the post-arrest, pre-Miranda circuit split discussed in the Note?","Question",{"text":63,"@type":64},"Circuit courts disagree on whether silence after an arrest but before Miranda warnings can be treated as substantive evidence of guilt in the prosecutor’s case-in-chief. The Supreme Court has not definitively resolved that disagreement.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"Why does the Note argue that silence is more prejudicial for suspects with ASD?",{"text":68,"@type":64},"People with Autism Spectrum Disorder may display silence or other behaviors that reflect their disability rather than criminal intent. The Note contends that courts may wrongly interpret these disability-related responses as evidence of guilt.",{"name":70,"@type":61,"acceptedAnswer":71},"What resolution does the Note propose for uniformity across circuit courts?",{"text":72,"@type":64},"The Note argues the Supreme Court should grant certiorari on the issue and affirmatively hold that post-arrest, pre-Miranda silence cannot be used as substantive evidence of guilt in the prosecutor’s case-in-chief.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},199389,1788505842,{"code":4,"msg":82,"data":83},"success",[84,88,92,96,101,106,111,115,120,123,127],{"id":22,"doc_module":4,"doc_module_name":25,"category_name":85,"show_sort_weight":86,"slug":87},"Story & Novel",90,"story-novel",{"id":26,"doc_module":4,"doc_module_name":25,"category_name":89,"show_sort_weight":90,"slug":91},"Literature",80,"literature",{"id":33,"doc_module":4,"doc_module_name":25,"category_name":93,"show_sort_weight":94,"slug":95},"Exam",70,"exam",{"id":97,"doc_module":4,"doc_module_name":25,"category_name":98,"show_sort_weight":99,"slug":100},5,"Comic",60,"comic",{"id":102,"doc_module":4,"doc_module_name":25,"category_name":103,"show_sort_weight":104,"slug":105},6,"Technology",50,"technology",{"id":107,"doc_module":4,"doc_module_name":25,"category_name":108,"show_sort_weight":109,"slug":110},7,"Healthcare",40,"healthcare",{"id":112,"doc_module":4,"doc_module_name":25,"category_name":29,"show_sort_weight":113,"slug":114},8,30,"research-report",{"id":116,"doc_module":4,"doc_module_name":25,"category_name":117,"show_sort_weight":118,"slug":119},9,"Religion & Spirituality",20,"religion-spirituality",{"id":118,"doc_module":4,"doc_module_name":25,"category_name":121,"show_sort_weight":118,"slug":122},"World Cup","world-cup",{"id":124,"doc_module":4,"doc_module_name":25,"category_name":125,"show_sort_weight":124,"slug":126},10,"Lifestyle","lifestyle",{"id":128,"doc_module":4,"doc_module_name":25,"category_name":129,"show_sort_weight":97,"slug":130},19,"General","general",{"code":4,"msg":82,"data":132},{"doc_id":79,"user_id":133,"nickname":42,"user_avatar":134,"doc_module":4,"category_id":112,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":140,"language":141,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":12,"update_tm":80,"read_time":145,"preview_page_count":4},962084926284,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","MILICIA_FINAL 5/22/23 9:24 AM  \nSILENCE ISN’T SUSPICIOUS: WHY THE POST-ARREST PRE-MIRANDA CIRCUIT SPLIT IS UNFAIRLY PREJUDICIAL TO SUSPECTS WITH AUTISM SPECTRUM  \nDISORDER  \nSarah Milicia *  \nABSTRACT  \nIn 1966, the Supreme Court issued its famous opinion in Miranda v. Arizona. The decision was considered a triumph for criminal suspects at the time. However, the aftermath of Miranda shows a lack of victory for criminal suspects, particularly when it comes to an absence of uniformity amongst circuit courts regarding whether post-arrest, pre-Miranda silence can be used as substantive evidence of guilt in a prosecutor’s case-in-chief. The Supreme Court has denied the circuit courts an answer. In the midst of this confusion, although all criminal suspects may be prejudiced, those with Autism Spectrum Disorder (ASD) are at greater risk. Suspects with ASD may exhibit behaviors and responses, including silence, that are indicative of their disability, not of their guilt.  \nThis Note examines the post-arrest, pre-Miranda circuit split as it relates to suspects with ASD. Ultimately, this Note argues that, for uniformity across the circuit courts, the Supreme Court must grant certiorari on a case with this issue, and affirmatively hold that silence cannot be used as substantive evidence of guilt in a prosecutor’s case-in-chief. This Note also argues that law enforcement agencies must incorporate training programs specifically tailored to ASD. This  \n* J.D. Candidate, 2023, Drexel University Thomas R. Kline School of Law; B.A., University of New Hampshire. I would like to thank the following people: Professor Veronica Finkelstein, for her enthusiasm, guidance, and invaluable edits, V14 Drexel Law Review editors for their feedback, V15 Drexel Law Review editors for their diligence, and my family and friends for their constant love and support. I would especially like to acknowledge the support of my parents, who are a continuous source of strength. Finally, I dedicate this Note to my Granny, who was simply the best.  \n667  \nMILICIA_FINAL 5/22/23 9:24 AM  \n668 DREXEL LAW REVIEW [Vol. 15:667  \nway, suspects with ASD are more likely to be protected, not punished, when they come face to face with the criminal legal system.  \nTABLE OF CONTENTS  \nINTRODUCTION ...............................................................................669  \nI. MIRANDA AND THE IMPLICATIONS OF THE ENDURING POST-ARREST, PRE-MIRANDA CIRCUIT SPLIT ......................672  \nA. An Overview of the Circuit Split ...................................676  \nB. The Intersection of Miranda Rights and Law Enforcement Procedures ......................................................................679  \nII. THE INEVITABLE OVERLAP BETWEEN ASD AND THE CRIMINAL LEGAL SYSTEM ......................................................................681  \nA. How ASD Behaviors Can Impact Law Enforcement Proceedings .....................................................................682  \nB. ASD May Impact Suspects’Ability to Understand Miranda Warnings, Which May Lead to Inadvertent Waivers ...........................................................................687  \nC. Understanding ASD: Looking Through the Lens of Law Enforcement Officers ......................................................688  \nIII. RESOLVING THE POST-ARREST, PRE-MIRANDA CIRCUIT SPLIT ......................................................................................692  \nA. Why the Circuit Split Must Be Resolved .......................693  \n1. When has a statement been compelled? ....................695  \n2. The Supreme Court should prohibit post-arrest, pre-Miranda silence in a prosecutor’s case-in-chief 697  \nB. How the Circuit Split is Unfairly Prejudicial to Suspects with ASD........................................................................699  \n1. Law enforcement agencies are failing suspects with ASD...........................................................................700  \n2. Suggested re","cbCaihvS9csg1lom","https://ap.wps.com/l/cbCaihvS9csg1lom","pdf",501118,42,"English","# Introduction\n# Miranda and the Implications of the Enduring Post-Arrest, Pre-Miranda Circuit Split\n## An Overview of the Circuit Split\n## The Intersection of Miranda Rights and Law Enforcement Procedures\n# The Inevitable Overlap Between ASD and the Criminal Legal System\n## How ASD Behaviors Can Impact Law Enforcement Proceedings\n## ASD May Impact Suspects’ Ability to Understand Miranda Warnings, Which May Lead to Inadvertent Waivers\n## Understanding ASD: Looking Through the Lens of Law Enforcement Officers\n# Resolving the Post-Arrest, Pre-Miranda Circuit Split\n## Why the Circuit Split Must Be Resolved\n## How the Circuit Split Is Unfairly Prejudicial to Suspects with ASD\n# Conclusion","[{\"question\":\"What is the post-arrest, pre-Miranda circuit split discussed in the Note?\",\"answer\":\"Circuit courts disagree on whether silence after an arrest but before Miranda warnings can be treated as substantive evidence of guilt in the prosecutor’s case-in-chief. The Supreme Court has not definitively resolved that disagreement.\"},{\"question\":\"Why does the Note argue that silence is more prejudicial for suspects with ASD?\",\"answer\":\"People with Autism Spectrum Disorder may display silence or other behaviors that reflect their disability rather than criminal intent. The Note contends that courts may wrongly interpret these disability-related responses as evidence of guilt.\"},{\"question\":\"What resolution does the Note propose for uniformity across circuit courts?\",\"answer\":\"The Note argues the Supreme Court should grant certiorari on the issue and affirmatively hold that post-arrest, pre-Miranda silence cannot be used as substantive evidence of guilt in the prosecutor’s case-in-chief.\"}]","Silence Isn’t Suspicious - Why the Post-Arrest Pre-Miranda Circuit Split Is Unfairly Prejudicial to Suspects with Autism Spectrum Disorder | PDF",106]