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NCJ Number: 134716 Find in a Library
Title: Privacy and Publicity in Criminal Procedure: Ancient Mysteries Crying Out for Understanding
Journal: Criminal Justice Policy Review  Volume:4  Issue:3  Dated:(September 1990)  Pages:223-248
Author(s): D J Spader
Date Published: 1990
Page Count: 26
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: The conflict in the privacy-publicity debate illustrates the clash of fundamental values, as point for point, the two perspectives create opposite arguments. However, contrary to popular opinion, this author maintains that the conflict is necessary, healthy, and potentially productive.
Abstract: Opposites are created by people to understand an issue and then to debate and formulate where the line between fundamental values should be drawn. Vertical, horizontal, and criss-crossing relationships illustrate three ways in which opposite values are used in policy and legal debates. The author discusses the ironic situation created by the Supreme Court, which has adopted the private-public dichotomy as the central premise for making fourth amendment decisions, while consciously rejecting the distinction in making fifth amendment decisions. The author summarizes the thesis that conflict between fundamentally opposite values can be constructive, lists methods to follow when faced with these polarities, and calls for a philosophical recognition of the symbolic use of dichotomous words. 5 figures, 8 notes, and 63 references (Author abstract modified)
Main Term(s): Right against self incrimination; Right of privacy
Index Term(s): US Supreme Court decisions
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