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" The Fourteenth Amendment secures against state invasion the same privilege that the Fifth Amendment guarantees against federal infringement — the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will,... "
New Mexico Indian Oversight Hearings: Hearings Before the Subcommittee on ... - Σελίδα 819
των United States. Congress. Senate. Interior and Insular Affairs Committe - 1974
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United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 451

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1982
...547. 562 (1892), and the privilege is fulfilled only when a criminal defendant is guaranteed the right "to remain silent unless he chooses to speak in the...exercise of his own will, and to suffer no penalty ... for such silence." " Malloy v. Hogan, 378 US 1, 8 (1964). We agree with the Court of Appeals that...

United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 378

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1965
...States to resort to imprisonment, as here, to compel him to answer questions that might incriminate him. The Fourteenth Amendment secures against state invasion...his own will, and to suffer no penalty. as held in Twining, for such silence. This conclusion is fortified by our recent decision in Mapp v. Ohio, 3(i7...

United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 385

United States. Supreme Court - 1967
...expounded in the dissents in Cohen v. Hurley, need not be elaborated again. We said in Malloy v. Hogan: "The Fourteenth Amendment secures against state invasion...exercise of his own will, and to suffer no penalty ... for such silence." 378 US, at 8.3 1 "Order affirmed on the authority of Cohen v. Hurley (366 US...

Task Force Report; Organized Crime: Annotations and Consultants' Papers

United States. Task Force on Organized Crime - 1967 - 126 σελίδες
...furnish a link in a chain of evidence 125 which would incriminate the witness need not be answered "unless he chooses to speak in the unfettered exercise of his own will." 12° The privilege applies not only at trial but also in any circumstance of official interrogation....

Controlling Crime Through More Effective Law Enforcement: Hearings Before ...

United States. Congress. Senate. Judiciary - 1967 - 1205 σελίδες
...U3.r>-'_'3.S (194O). In sum. t*l» fulfilled only when the person is guaranteed the right "to remain ** he chooses to speak in the unfettered exercise of his own will." «o0«ii, 37s; US 1.8 (1964). "f on in these cases is whether the privilege is fully applicable during...

Nominations of Abe Fortas and Homer Thornberry: Hearings...

United States. Congress. Senate. Judiciary - 1968
...227. 23*238 (1940). In sum, the privilege is fulfilled only when the person is guaranteed the right "to remain silent unless he chooses to speak in the unfettered, exercise of his own will." Malloy v. Hogan, 378 US 1, 8 (1964). 604 (1020) c "• 562 (1892) lv C°Un"""^ v. Ss"s(ifd e ~e would...

Nominations of Abe Fortas and Homer Thornberry: Hearings, Ninetieth Congress ...

United States. Congress. Senate. Committee on the Judiciary - 1968 - 1404 σελίδες
...development, is the essential m.iinstay of our adversary system and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial inter580 rogation as well as in the courts or during the course of other...

The Supreme Court: Hearings Before the Subcommitttee on Separation of Powers ...

United States. Congress. Senate. Committee on the Judiciary - 1968 - 662 σελίδες
...v. Hogan, which definitively extended the privilege to trials. It emphasizes the right of an accused "to remain silent unless he chooses to speak in the unfettered exercise of his own wilL"88 The counterpart of such a privilege at the pre-arraignment stage could be readily safeguarded...

The Supreme Court: Hearings, Ninetieth Congress, Second Session

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers - 1968 - 662 σελίδες
...Hogan, which definitively extended the privilege to state trials. It emphasizes the right of an accused "to remain silent unless he chooses to speak in the unfettered exercise of his own will."85 The counterpart of such a privilege at the pre-arraignment stage could be readily safeguarded...

The Improvement and Reform of Law Enforcement and Criminal Justice in the ...

United States. Congress. House. Select Committee on Crime - 1969 - 845 σελίδες
...to dispel this inherent conipul.-ion and HIUM to safeguard the individual's Fifth Amendment, right "to remain silent unless he chooses to speak in the unfettered exercise of his own will" (id., at 460). the Court held that accused persons must be made aware of their "rights of silence"...




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