The privilege of silence : Fifth Amendment protections against self-incrimination / Steven M. Salky.

Format:

Book

Author/Creator:

Salky, Steven M., author.

Language:

English

Subjects (All):

United States--Constitution--(5th Amendment).

United States.

Self-incrimination--United States.

Self-incrimination.

Physical Description:

1 online resource (291 pages)

Edition:

Third edition.

Place of Publication:

Chicago, Illinois : American Bar Association, [2019]

Summary:

This book, written by Steven M. Salky and published by the American Bar Association, serves as a comprehensive guide to the application of the Fifth Amendment privilege against self-incrimination. It is designed to fill a gap in the practicing lawyer's library by providing a detailed resource for understanding and applying this constitutional right across various legal contexts. The third edition updates previous content with recent court decisions, explores the implications of these rulings, and discusses future challenges posed by technological advancements like brain imaging. Intended for legal professionals, the book covers both federal and state court decisions and aims to clarify ambiguities in the law. Generated by AI.

Contents:

Cover

Title Page

Copyright Page

Contents

Preface

About the Author

Introduction

Chapter 1: The Purpose and Scope of the Fifth Amendment Right Against Compulsory Self-Incrimination

A Very Brief History of the Fifth Amendment

Values Served by the Fifth Amendment

Chapter 2: Elements of the Fifth Amendment

The Meaning of Self-Incrimination

The Meaning of Compulsion

General Propositions

Private Compulsion vs. Government Compulsion

The Meaning of Testimonial Communication

Absence of a Fifth Amendment Privilege for Collective Entities

The Meaning of “Any Criminal Case”

Chapter 3: Proceedings in Which the Fifth Amendment May Be Asserted and the Consequences of Remaining Silent

Assertions of the Fifth Amendment Right Against Self-Incrimination in Criminal Proceedings and the Consequences of Invoking and/or Remaining Silent

During Custodial Police Interrogation

During Non-Custodial Police Interrogation

During Grand Jury Proceedings

Procedures for Invoking the Fifth Amendment in the Grand Jury

Absence of a Fifth Amendment Privilege in Response to Grand Jury Subpoena for Documents That Incriminate Others

Absence of Protection Against Grand Jury Considering Evidence Previously Obtained in Violation of the Fifth Amendment

Fifth Amendment Rights of the Trial Witness

During Post-Trial Proceedings

During Probation and Parole

Distinguishing Non-Criminal from Criminal Proceedings Generated by AI.

Notes:

Title from eBook information screen..

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on print version record.

ISBN:

9781641055208

1641055200

OCLC:

1431980308