The Privilege of Silence

Fifth Amendment Protections Against Self Incrimination

Nonfiction, Reference & Language, Law, Criminal Procedure, Constitutional, Criminal law
Cover of the book The Privilege of Silence by Steven M. Salky, Paul B. Hynes Jr., American Bar Association
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Author: Steven M. Salky, Paul B. Hynes Jr. ISBN: 9781627225786
Publisher: American Bar Association Publication: April 16, 2015
Imprint: American Bar Association Language: English
Author: Steven M. Salky, Paul B. Hynes Jr.
ISBN: 9781627225786
Publisher: American Bar Association
Publication: April 16, 2015
Imprint: American Bar Association
Language: English
The U.S. Constitution provides that "no person shall be compelled in any criminal case to be a witness against himself." While this portion of the Fifth Amendment contains only fifteen words, its application can be deceptively complex. Using the Fifth Amendment right against self-incrimination is dependent on the factual setting in which the privilege is asserted, with the values served often balanced against the competing interests at stake.

This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator and the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.
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The U.S. Constitution provides that "no person shall be compelled in any criminal case to be a witness against himself." While this portion of the Fifth Amendment contains only fifteen words, its application can be deceptively complex. Using the Fifth Amendment right against self-incrimination is dependent on the factual setting in which the privilege is asserted, with the values served often balanced against the competing interests at stake.

This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator and the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

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