The Privilege against Self-Incrimination

The Historical Origins of the Privilege Against Self-Incrimination at Common Law

The appearance of the privilege against self-incrimination the guaranty that no person "shall be compelled in any criminal case to be a witness against himself"' was a landmark event in the history of Anglo-American criminal procedure. Prior historical scholarship has located the origins of the common law privilege in the second half of the seventeenth century, as part of the aftermath of the c...

Drunk driving, implied consent, and self-incrimination.

The effects of drunk driving are a significant risk to public health and safety. Accordingly, the federal government and the states have enacted laws that permit law enforcement to identify offenders and to apply various levels of sanctions. There is no constitutional requirement that evidence of drunkenness be permitted in defense of criminal behavior. In practice, citizens who undertake to op...

A Philosophical Account of Coerced Self-Incrimination

Rubashov's Question: Self-Incrimination and the Problem of Coerced Preferences

Self-incrimination and denial in the juvenile transfer evaluation.

Clinical evaluation of alleged juvenile delinquents regarding possible transfer to adult court must be conducted before adjudication of the facts of the case. This requirement leads to problems for the juvenile court and for the psychiatric consultant in managing certain potentially incriminating information that the defendant may reveal in the evaluation process. Both explicity self-incriminat...