NCJ Number
141360
Journal
Harvard Journal of Law and Public Policy Volume: 13 Issue: 3 Dated: (Summer 1990) Pages: 1017-1026
Date Published
1990
Length
10 pages
Annotation
The case of Baltimore City Department of Social Services v. Bouknight appeared to present a direct conflict between a parent's fifth amendment privilege against self- incrimination and the State's recognized interest in protecting the health, safety, and well-being of children and in preventing child abuse.
Abstract
While holding that Bouknight could not assert her privilege against self-incrimination to avoid a court order to produce her child, the U.S. Supreme Court limited the scope of its holding to a narrow range of cases, thus skirting the question of whether the need to protect abused children can generally overcome an individual's fifth amendment privilege. In reaching the decision, the majority shed little light on whether producing a child is a "testimonial communication" and suggested that the State may have to grant immunity to Bouknight should it decide to bring criminal charges against her. These factors combined to create a confusing, technical decision that could hinder future State attempts to protect abused children. By suggesting that the State may have to grant some sort of immunity to parents in exchange for producing the children, the Supreme Court may have given abusive parents an incentive to hide their children once they have abused them. 53 footnotes