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NCJRS Abstract

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NCJ Number: 39584 Find in a Library
Title: CONSTITUTIONAL LAW - PRISON DISCIPLINARY PROCEEDINGS AND THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION
Journal: NORTH CAROLINA LAW REVIEW  Volume:55  Issue:2  Dated:(JANUARY 1977)  Pages:254-267
Author(s): E K WAYNE
Corporate Author: University of North Carolina
United States of America
Date Published: 1977
Page Count: 14
Sponsoring Agency: University of North Carolina
Chapel Hill, NC 27514
Format: Article
Language: English
Country: United States of America
Annotation: REVIEW OF THE SUPREME COURT RULING IN BAXTER V PAMIGLIANO (1976) THAT IT IS PERMISSIBLE TO TAKE A NEGATIVE INFERENCE FROM A PRISONER'S SILENCE AT A DISCIPLINARY HEARING TO WHICH FIFTH AMENDMENT RIGHTS APPLY.
Abstract: THE AUTHOR EXAMINES RELATED FEDERAL COURT DECISIONS ON THE RIGHTS OF PRISONERS AND THE FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION AND ANALYZES THE OPINIONS EXPRESSED BY THE BAXTER COURT. SHE FINDS THAT THE RULING IN BAXTER, IN CONJUNCTION WITH THE 1974 RULING IN WOLFF V MCDONNEL WHICH LIMITED PRISONERS' DUE PROCESS RIGHTS, FORCES AN INMATE INTO A POSITION IN WHICH HE MUST EITHER SPEAK AND RISK INCRIMINATING HIMSELF AT A DISCIPLINARY HEARING AND ANY SUBSEQUENT CRIMINAL ACTIONS OR KEEP SILENT AND ACCEPT THE BURDEN OF GIVING UP HIS DEFENSE WHILE PRESENTING AN ADMISSION OF GUILT TO THE DISCIPLINARY BOARD. IT IS CONCLUDED THAT THESE DECISIONS PLACE THE PRISONER IN A PROCEDURAL BIND FROM WHICH THERE IS NO FORESEEABLE REMEDY. (AUTHOR ABSTRACT MODIFIED)...EB
Index Term(s): Constitutional Rights/Civil Liberties; Inmate discipline; Judicial decisions; Prisoner's rights; Right against self incrimination; Right to Due Process; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39584

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