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Home > Law > Laws of specific jurisdictions > Criminal law: procedure and offences > The Privilege of Silence: Fifth Amendment Protections Against Self Incrimination
The Privilege of Silence: Fifth Amendment Protections Against Self Incrimination

The Privilege of Silence: Fifth Amendment Protections Against Self Incrimination


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About the Book

The U.S. Constitution provides that "no person shall be compelled in any criminal case to be a witness against himself." While this portion of the Fifth Amendment contains only fifteen words, its application can be deceptively complex. Using the Fifth Amendment right against self-incrimination is dependent on the factual setting in which the privilege is asserted, with the values served often balanced against the competing interests at stake. This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator and the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

About the Author :
Steven M. Salky, a partner at Zuckerman Spaeder, LLP, represents individuals in white collar criminal cases, regulatory agency investigations, and civil litigation. Paul B. Hynes Jr. focuses his practice on complex civil and criminal tax matters. He is at Zuckerman Spaeder in Washington, D.C.

Review :
An extremely thoughtful exploration of the Fifth Amendment privilege against self-incrimination and a must-read for criminal defense lawyers. For anyone seeking to understand one of our foundational constitutional principles, Salky and Hynes have developed an essential resource. -- Lanny A. Breuer, partner and vice chairman, Covington & Burling LLP; former assistant attorney general, Criminal Division, U.S. Steve Salky and Paul Hynes's The Privilege of Silence is an exceptional compilation and incisive analysis of the complex, inconsistent body of case law that has developed around the Fifth Amendment. Their book is an indispensable tool for all criminal defense practitioners. -- Henry W. Asbill, partner, Jones Day; former director, National Association of Criminal Defense Lawyers; former president, American Board of Criminal Lawyers The Privilege of Silence is both an invaluable reference book and a readable survey of the law of self-incrimination. It's the first place I'll turn when issues in this area arise in my practice. -- Arthur B. Spitzer, legal director, American Civil Liberties Union of the Nation's Capital The Privilege of Silence is an essential resource for practicing attorneys, law professors, law students, and anyone interested in learning about the Fifth Amendment. Accessible and well-written, this book provides the latest cases and an excellent explanation of every aspect of this complicated area of the law. -- Angela J. Davis, professor, American University Washington College of Law


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Product Details
  • ISBN-13: 9781627225779
  • Publisher: American Bar Association
  • Publisher Imprint: American Bar Association
  • Height: 231 mm
  • Returnable: N
  • Sub Title: Fifth Amendment Protections Against Self Incrimination
  • Width: 155 mm
  • ISBN-10: 1627225773
  • Publisher Date: 16 Apr 2015
  • Binding: Paperback
  • Language: English
  • Spine Width: 17 mm
  • Weight: 485 gr


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