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Full-Text Articles in Law
Face Off: Overcoming The Fifth Amendment Conflict Between Cybersecurity And Self-Incrimination, Zachary E. Jacobson
Face Off: Overcoming The Fifth Amendment Conflict Between Cybersecurity And Self-Incrimination, Zachary E. Jacobson
Journal of Law and Health
The Founders included the privilege against self-incrimination in the Constitution to protect individual privacy and ensure a fair judicial process. Courts have failed U.S. citizens by neglecting to protect them from compelled unlocking of biometrically encrypted devices. This inaction has created a loophole that contradicts the framework of the privilege against self-incrimination. To correct this mistake courts should reconsider the trend they have set for the Constitution and the Fifth Amendment and consider adopting a forward-thinking cybersecurity lens to conclude that biometric authentication is testimonial. Courts should consider that biometric encryption is akin to a compelled password entry for the …
Interrogation And The Roberts Court, Jonathan Witmer-Rich
Interrogation And The Roberts Court, Jonathan Witmer-Rich
Law Faculty Articles and Essays
Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland v. Shatzer; and Berghuis v. Thompkins. This Article argues that these decisions show the Roberts Court reshaping constitutional interrogation rules according to a new (as-yet unarticulated) principle: “fair play” in interrogations. The Warren Court believed that suspects in police interrogation were vulnerable to inherent compelling pressures; the Court correspondingly created procedural interrogation rules under the Fifth and Sixth Amendments (Miranda and Massiah) to protect suspects. The Roberts Court does not …
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.