NCJ Number
86791
Journal
Criminal Law Bulletin Volume: 19 Issue: 1 Dated: (January/February 1983) Pages: 34-50
Date Published
1983
Length
17 pages
Annotation
Professor Mendelson takes a very close look at the rationale and the functional impact of our privilege against self-incrimination.
Abstract
Briefly put, he finds that our courts have torn the privilege loose from its moorings and our enforcement-prosecution practices have blown off course. The French system -- one that is overtly inquisitorial -- is examined and compared with ours. While the outcomes may not differ, the French legal system is characterized as more honest. We believe that this is an important article, of interest to scholar and practitioner alike, and one that is likely to become one of the weapons in the current battle concerning interrogation and confessions. (Publisher abstract)