The Privilege Against Compelled Self-Incrimination

61 Pages Posted: 6 Nov 2010

See all articles by John O. Sonsteng

John O. Sonsteng

Mitchell Hamline School of Law

Charles E. Moyland

affiliation not provided to SSRN

Date Written: 1990

Abstract

This article examines the fifth amendment right against compelled self-incrimination, as compared to principles in confession law. These two areas of law are not the same. In 1966, however, the Supreme Court decision of Miranda v. Arizona announced that many of the principles involved in confession law also implicated the fifth amendment privilege against compelled self-incrimination. The popular impact of Miranda has resulted in the equating of confession law with the fifth amendment privilege. This article examines the history of the fifth amendment privilege, its application, and how it can be distinguished from other, related areas of law.

Keywords: Criminal procedure, 5th Amendment, testifying, testimony, right to remain silent, constitutional privilege, criminal trial, witness

Suggested Citation

Sonsteng, John O. and Moyland, Charles E., The Privilege Against Compelled Self-Incrimination (1990). William Mitchell Law Review, Vol. 16, 1990, Available at SSRN: https://ssrn.com/abstract=1703065

John O. Sonsteng (Contact Author)

Mitchell Hamline School of Law ( email )

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Charles E. Moyland

affiliation not provided to SSRN ( email )

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