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Evidence

Self-incrimination

2014

Articles 1 - 6 of 6

Full-Text Articles in Law

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris Nov 2014

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris

Touro Law Review

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Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein May 2014

Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein

Touro Law Review

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Appellate Division, Third Department, People V. Smith, Jennifer Belk May 2014

Appellate Division, Third Department, People V. Smith, Jennifer Belk

Touro Law Review

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Supreme Court, New York County, Hughes V. Farrey, Eric Pack May 2014

Supreme Court, New York County, Hughes V. Farrey, Eric Pack

Touro Law Review

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Admissibility Of Field Test Results At Trial To Prove Intoxication, Vincent J. Costa Mar 2014

Admissibility Of Field Test Results At Trial To Prove Intoxication, Vincent J. Costa

Touro Law Review

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The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin Feb 2014

The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin

Timothy R Tarvin

An innocent debtor, who is either ignorant of her constitutional right to the privilege against self-incrimination or ineffectual in asserting it, may find herself wrongfully convicted and imprisoned in a criminal matter, due to unwitting complicity in the delivery of testimony or documents in her bankruptcy case. This lack of understanding poses a serious risk to debtors, and especially affects the increasing number of pro se debtors in bankruptcy.
The privilege extends to debtors in bankruptcy proceedings. However, a debtor who fails to properly invoke the privilege waives her rights. This possibility is made more probable because there is no …

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