NCJ Number
39584
Journal
North Carolina Law Review Volume: 55 Issue: 2 Dated: (JANUARY 1977) Pages: 254-267
Date Published
1977
Length
14 pages
Annotation
REVIEW OF THE SUPREME COURT RULING IN BAXTER V PAMIGLIANO (1976) THAT IT IS PERMISSIBLE TO TAKE A NEGATIVE INFERENCE FROM A PRISONER'S SILENCE AT A DISCIPLINARY HEARING TO WHICH FIFTH AMENDMENT RIGHTS APPLY.
Abstract
THE AUTHOR EXAMINES RELATED FEDERAL COURT DECISIONS ON THE RIGHTS OF PRISONERS AND THE FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION AND ANALYZES THE OPINIONS EXPRESSED BY THE BAXTER COURT. SHE FINDS THAT THE RULING IN BAXTER, IN CONJUNCTION WITH THE 1974 RULING IN WOLFF V MCDONNEL WHICH LIMITED PRISONERS' DUE PROCESS RIGHTS, FORCES AN INMATE INTO A POSITION IN WHICH HE MUST EITHER SPEAK AND RISK INCRIMINATING HIMSELF AT A DISCIPLINARY HEARING AND ANY SUBSEQUENT CRIMINAL ACTIONS OR KEEP SILENT AND ACCEPT THE BURDEN OF GIVING UP HIS DEFENSE WHILE PRESENTING AN ADMISSION OF GUILT TO THE DISCIPLINARY BOARD. IT IS CONCLUDED THAT THESE DECISIONS PLACE THE PRISONER IN A PROCEDURAL BIND FROM WHICH THERE IS NO FORESEEABLE REMEDY. (AUTHOR ABSTRACT MODIFIED)...EB