NCJ Number
9181
Journal
UNIVERSITY OF MISSOURI AT KANSAS CITY Volume: 40 Issue: 1 Dated: (AUTUMN 1971) Pages: 51-65
Date Published
1971
Length
15 pages
Annotation
JUDICIAL DECISIONS ON FOURTH, FIFTH, AND SIXTH AMENDMENT RIGHTS ARE EXAMINED AS POSSIBLE BASES FOR RESTRICTING THE USE OF COMPELLED HANDWRITTING SAMPLES FROM DEFENDANTS.
Abstract
THE SUPREME COURT HAS RULED THAT FORCING A DEFENDANT TO SUBMIT HANDWRITING EXEMPLARS DOES NOT VIOLATE THE PRIVILEGE AGAINST SELF-INCRIMINATION. THE COURT SUPPORTED ITS DECISION BY CLASSIFYING HANDWRITING AS PHYSICAL EVIDENCE RATHER THAN TESTIMONIAL EVIDENCE. SEVERAL REASONS ARE OFFERED FOR DISTINGUISHING HANDWRITING FROM OTHER FORMS OF PHYSICAL EVIDENCE. FOURTH AMENDMENT CASES ON INVESTIGATORY SEIZURES ARE ANALYZED. IT IS SUGGESTED THAT THE PRINCIPLES ENUNCIATED IN THE SEIZURE CASES COULD BE USED TO REQUIRE THE INFORMED CONSENT OF THE ACCUSED TO THE TAKING OF HANDWRITING SAMPLES.