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NCJRS Abstract

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NCJ Number: 119333 Find in a Library
Title: Fifth Amendment (From Criminal Procedure Handbook, 1989, P 117-217, James G Carr, - See NCJ-119331)
Author(s): J G Carr
Date Published: 1989
Page Count: 101
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Type: Best Practice/State-of-the-Art Review
Language: English
Country: United States of America
Annotation: This discussion of 1988 State and Federal judicial decisions dealing with Fifth Amendment issues and their implications for criminal procedures is directed mainly to lawyers and judges.
Abstract: Decisions focusing on self-incrimination focused on the right not to incriminate oneself, compliance with the Miranda ruling regarding confessions, the invocation of the right to silence or counsel, waiver of rights, and the failure to testify. Cases involving grand jury proceedings focused on selection procedures, subpoenas and contempt proceedings, misconduct before the grand jury, secrecy, and indictments. Decisions related to double jeopardy involved reprosecution after an acquittal or a reversal, reprosecution after a conviction, and multiple punishments. Other decisions during 1988 focused on the due process implications of securing a conviction through testimony that is later plausibly recanted and other aspects of due process and the Fifth Amendment. 462 references.
Main Term(s): Right against self incrimination
Index Term(s): Confessions; Right against double jeopardy; State supreme courts; US Supreme Court decisions
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