Fifth Amendment first principles: the self-incrimination clause.

From: Michigan Law Review | Date: March 1, 1995| Author: | Copyright information

The Self-Incrimination Clause of the Fifth Amendment should be interpreted to allow testimony to be compelled before a court officer but outside the jury's presence. The current rule that allows a criminal defendant to remain silent unless the defendant is provided with use immunity and immunity from prosecution based on any physical evidence obtained as a result of testimony is overbroad and inconsistent with other constitutional doctrines. The current rule protects guilty witnesses and harms innocent defendants. The better level of immunity is to allow the fruits of compelled testimony to ...

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