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Full-Text Articles in Law
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Vanderbilt Law Review
The Supreme Court decided five Miranda1 cases in 2003-2004, making this one of the most active fifteen-month periods for the law of self-incrimination since the controversial case was decided in 1966. In this Article, we consider three of those five cases-Chavez v. Martinez, Missouri v. Seibert and United States v. Patane-along with the blockbuster decision four years ago in Dickerson v. United States. in an attempt to decipher what, if anything, this remarkable level of activity teaches us about the direction of the Court's self-incrimination jurisprudence. In the end, while these cases, like those before them, may not entirely clarify …
Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens
Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens
Seattle University Law Review
This article considers the propriety of an indictment of a person who was subpoenaed to testify before a grand jury at which the person invoked the Fifth Amendment privilege against self-incrimination on any questions relevant to the investigation and where the government knew that this person would assert the privilege. Part I explores the prosecutor's power to secure evidence and present it the grand jury. Part II describes how the Fifth Amendment's privilege against self-incrimination limits the prosecutor's power to secure evidence and present it to the grand jury. Part III applies the privilege to a situation where a prosecutor …
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
Oklahoma Law Review
No abstract provided.