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SELF-INCRIMINATION

NCJ Number
3510
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 61 Issue: 4 Dated: (DECEMBER 1970) Pages: 530-534
Author(s)
ANON
Date Published
1970
Length
5 pages
Annotation
THE FIFTH AMENDMENT PRIVILEGE DEEMED WAIVED UNLESS INVOKED AT THE TRIAL COURT LEVEL.
Abstract
IN UNITED STATES V. KORDEL, THE SUPREME COURT DECIDED THAT AN INDIVIDUAL IS NOT BARRED FROM RELYING ON HIS RIGHT AGAINST SELF INCRIMINATION IN CIVIL AS WELL AS CRIMINAL PROCEEDINGS. BUT SINCE THE DEFENDANTS NEITHER ASSERTED THE PRIVILEGE NOR BROUGHT IT TO THE TRIBUNAL'S ATTENTION, THEY LOST IT.