COMPULSION THAT VIOLATES THE FIFTH AMENDMENT - THE BURGER COURT'S DEFINITION

• NCJ Number: 41412
• Journal: Minnesota Law Review Volume: 61 Issue: 3 Dated: (FEBRUARY 1977) Pages: 383-431
• Author(s): L J RITCHIE
• Date Published: 1977
• Length: 49 pages
• Corporate Author: University of Minnesota Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

AN ARTICLE REVIEWING THE CASE LAW REGARDING THE FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION ARGUING AGAINST THE BURGER COURT'S LITERAL INTERPRETATION.

Abstract

THE AUTHOR SEES THE BURGER COURT'S INTERPRETATION OF THE FIFTH AMENDMENT AS A RULE THAT SIMPLY PROTECTS THE RIGHT OF A CRIMINAL DEFENDANT NOT TO TAKE THE STAND AND NOT TO HAVE STATEMENTS, PREVIOUSLY COMPELLED FROM HIM, INTRODUCED INTO EVIDENCE AGAINST HIM AT TRIAL. THIS MINIMAL INTERPRETAION WILL NOT PROTECT DEFENDANTS AT THE POINT OF CUSTODIAL INTERROGATION....TWH