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The privilege of silence : Fifth Amendment protections against self-incrimination
- Author / Creator
- Available as
- Physical
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- Creator
- Steven M. Salky and Paul B. Hynes, Jr
- Format
- Books
- Language
- English
- Publication
-
- Second Edition
- Chicago, Illinois : American Bar Association, [2014]
- ©2014
- Physical Details
-
- xiii, 343 pages ; 23 cm
- ISBNs
- 9781627225779, 1627225773, 9781627225786, 1627225781
- OCLC
- ocn869066650
- Includes index.
- 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 -- 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 -- Proceedings in which the Fifth Amendment may be asserted -- Assertions of the Fifth Amendment right against self-incrimination in criminal proceedings -- During custodial police interrogation -- During non-custodial police interrogation -- During grand jury proceedings -- During pretrial proceedings -- During trial -- During post-trial proceedings -- Distinguishing non-criminal from criminal proceedings -- Assertions of the Fifth Amendment right against self-incrimination in non-criminal proceedings -- During civil cases -- During administrative proceedings and agency investigations -- During legislative proceedings -- During responses to government regulatory demands -- The process for determining the validity of the assertion -- Procedures for determining the validity of Fifth Amendment assertions in grand jury proceedings -- Procedures for determining the validity of Fifth Amendment assertions by witnesses (or defendants) in a criminal trial -- Procedures for determining the validity of Fifth Amendment assertions in non-criminal proceedings -- Procedures for determining the validity of Fifth Amendment assertions in legislative proceedings -- How the right may be asserted -- How little can or should one say? -- During custodial interrogation -- During non-custodial questioning and in other contexts -- How much can or should one say? -- Legal consequences of asserting the Fifth Amendment in non-criminal cases -- The adverse inference -- Other consequences of asserting the Fifith Amendment in non-criminal proceedings -- Granting stays in civil cases during parallel criminal proceedings -- Stigma and the Fifth Amendment -- Waiver and risk of waiver -- general principles -- Waiver is proceeding specific -- Waiver must be voluntary (or not?) -- Waiver need not be knowing -- Waiver in various contexts -- Waiver of Miranda rights -- Testimonial waiver in grand jury proceedings -- Waiver in criminal trials -- Testimonial waiver in legislative proceedings -- Waiver in other non-criminal proceedings -- Waiver in connection with production of documents -- Documents and the Fifth Amendment : the Act of Production Privilege -- The "foregone conclusion" exception to the Act of Production Privilege -- Application of the Act of Production Privilege to demands for documents made to third parties -- The "required records" exception to the Act of Production Privilege -- Immunity -- Use and derivate use immunity Is constitutional -- The use of evidence obtained through immunity granted pursuant to 18 U.S.C. 6002 -- The use of documents obtained through immunity granted pursuant to 18 U.S.C. 6002 and "Ancillary Proceedings" -- "Garrity" immunity -- Informal use and derivative use or "letter" immunity -- Court authority to grant immunity -- The future of the Fifth Amendment