NCJ Number
41412
Journal
Minnesota Law Review Volume: 61 Issue: 3 Dated: (FEBRUARY 1977) Pages: 383-431
Date Published
1977
Length
49 pages
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