All Articles tagged Fifth Amendment

• General
  December 12, 2018 EDT
  PRESERVING LIFE BY RANKING RIGHTS
  John Williams Draper

  This article discusses the protection of life as the ultimate, fundamental right in U.S. constitutional law.

• General
  January 01, 2018 EDT
  SILENCE AND REMORSELESSNESS
  Caleb J. Fountain

  This article takes the position that the self-incrimination clause of the Fifth Amendment prohibits an inference that defendant’s silence at sentencing is evidence of the defendant’s remorselessness.

• Justice Commentaries
  November 08, 2017 EDT
  ADDRESSING THE BALANCE: RESTRUCTING CIPA AND FISA TO MEET THE NEEDS OF JUSTICE AND THE CRIMINAL JUSTICE SYSTEM
  Wesley S. McCann

  This article examines The Classified Information Procedures Act (CIPA) and Foreign Intelligence Surveillance Act (FISA) within the context of terrorism and national security-related prosecutions and the extent to which each...

• General
  March 23, 2015 EDT
  SUPPORT THE TROOPS: RENEWING ANGST OVER MASSACHUSETTS V. LAIRD AND ENDOWING SERVICE MEMBERS WITH EFFECTUAL FIRST AND FIFTH AMENDMENT RIGHTS
  Robert Bejesky

  This article queries whether the majority’s denial of Massachusetts’ challenge to the constitutionality of the Vietnam War in Massachusetts v. Laird is less compelling on principle than Justice Douglas’s dissent.

• Justice Commentaries
  June 11, 2013 EDT
  DOUBLE JEOPARDY
  Salvatore R. MartocheDonald S. Stefanski

  This article addresses the question of what happens in New York when two counts are charged in the alternative and the jury convicts on one of the counts.