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To Talk, To Balk, or To Lie - The Emerging Fifth Amendment Doctrine of the 'Preferred Response'

NCJ Number
82607
Journal
American Criminal Law Review Volume: 19 Issue: 3 Dated: (Winter 1982) Pages: 521-555
Author(s)
P Westen; S Mandell
Date Published
1982
Length
35 pages
Annotation
In this Article, Professor Peter Westen and Stewart Mandell discuss the extent and legitimacy of state-based preferences for the assertion of fifth amendment claims.
Abstract
Describing state prescriptions on the manner in which witnesses assert the privilege as 'preferred responses,' the authors describe state interests underlying the prescriptions as well as constitutional limits on the state's ability to prescribe choices. Although resting their argument on fifth amendment jurisprudence, the authors suggest that the doctrine of the preferred response arises in other spheres of testimonial privilege. (Publisher abstract)

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