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Evidence Commons

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Full-Text Articles in Evidence

Discovery Of Penalties, W. Hamilton Bryson Jan 1981

Discovery Of Penalties, W. Hamilton Bryson

University of Richmond Law Review

It is a well-established and fundamental principle of justice that no one may be compelled to subject himself to punishments nor to give evidence leading to that result. Nemo tenetur prodere seipsum is an ancient maxim. It was written directly into the Virginia Declaration of Rights in 1776, which states that in all "criminal prosecutions" no one can "be compelled to give evidence against himself." This idea was also incorporated into the United States Constitution in 1791 through the fifth amendment.


Discovery And The Privacy Act: Exemption (B)(11) To The Conditions Of Disclosure: What Qualifies As An "Order Of The Court"?, John W. Williams Jan 1981

Discovery And The Privacy Act: Exemption (B)(11) To The Conditions Of Disclosure: What Qualifies As An "Order Of The Court"?, John W. Williams

University of Richmond Law Review

On December 31, 1974, President Gerald Ford signed the landmark Privacy Act of 1974 into law. One of the key concepts of the Act is the principle of disclosure limitation, which limits the ability of the federal government to disclose the contents of per- sonal records in its possession. In the words of the Senate Governmental Operations Committee, this principle "is designed to pre- vent.., the wrongful disclosure and use of personal files held by Federal agencies."