Document Type

Article

Publication Date

1990

Publication Information

16 William Mitchell Law Review 249 (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.

Comments

This article is co-authored by the Honorable Charles E. Moylan, Jr., Associate Judge of the Maryland Court of Special Appeals

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