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JUSTICE AND THE FIFTH AMENDMENT

NCJ Number
50359
Date Published
1974
Length
19 pages
Annotation
THE TRANSCRIPT OF A TELEVISION PROGRAM, FIRING LINE, IN WHICH WILLIAM F. BUCKLEY, JR., ATTORNEY EDWARD BENNETT WILLIAMS, AND OTHERS DISCUSS THE FIFTH AMENDMENT AND THE CRIMINAL JUSTICE SYSTEM, IS PRESENTED.
Abstract
OTHER PANELISTS INCLUDED AN ATTORNEY AND TWO JOURNALISTS. MR. BUCKLEY CRITICIZED THE PROTECTIONS OFFERED BY THE FIFTH AMENDMENT AGAINST SELF-INCRIMINATION SUGGESTING THAT THE AMENDMENT MIGHT BE APPLIED TO PREVENT A STATE FROM REQUIRING A DRIVER TO REPORT A TRAFFIC ACCIDENT AND IS BEING USED IN LEGISLATIVE HEARINGS, IN NONCRIMINAL PROCEEDINGS, AND TO PROTECT PEOPLE OTHER THAN THE PERSON BEING QUESTIONED. MR. WILLIAMS RESPONDED THAT ABUSES OF THE AMENDMENT SHOULD BE ELIMINATED BUT THAT THE AMENDMENT SHOULD STAND REGARDLESS OF SOME FLAWS. HE STATED THAT THE MAIN PROBLEMS WITH THE CRIMINAL JUSTICE SYSTEM ARE THE FAILURE TO APPREHEND CRIMINALS AND THE DELAYS RESULTING FROM USE OF GRAND JURIES FOR PROPERTY CRIMES. OTHER TOPICS DISCUSSED INCLUDE THE ADVERSARY PROCESS, USE IMMUNITY, TESTIMONY, CRIMINAL DISCOVERY, THE QUALITY OF U.S. JUDGES, THE WARREN COURT, PUNISHMENTS, THE FOURTH AMENDMENT, AND JUDGES' TENURE. (CFW)