NCJ Number
119333
Date Published
1989
Length
101 pages
Annotation
This discussion of 1988 State and Federal judicial decisions dealing with Fifth Amendment issues and their implications for criminal procedures is directed mainly to lawyers and judges.
Abstract
Decisions focusing on self-incrimination focused on the right not to incriminate oneself, compliance with the Miranda ruling regarding confessions, the invocation of the right to silence or counsel, waiver of rights, and the failure to testify. Cases involving grand jury proceedings focused on selection procedures, subpoenas and contempt proceedings, misconduct before the grand jury, secrecy, and indictments. Decisions related to double jeopardy involved reprosecution after an acquittal or a reversal, reprosecution after a conviction, and multiple punishments. Other decisions during 1988 focused on the due process implications of securing a conviction through testimony that is later plausibly recanted and other aspects of due process and the Fifth Amendment. 462 references.