Fifth Amendment / Self-incrimination
Articles and Resources
Date Fairness.com Resource Read it at: Jul 13, 2012 That’s No Phone. That’s My Tracker.
QUOTE: Thanks to the explosion of GPS technology and smartphone apps, these devices are also taking note of what we buy, where and when we buy it, how much money we have in the bank, whom we text and e-mail, what Web sites we visit, how and where we travel, what time we go to sleep and wake up — and more. Much of that data is shared with companies that use it to offer us services they think we want.
New York Times Nov 25, 2011 The Prosecution’s Case Against DNA
QUOTE: Garrett pointed out another, striking detail in the false confessions: in 38 of 40 false confessions, the authorities said defendants provided details that could be known only by the actual criminal or the investigators, thus corroborating their own admissions of guilt by revealing secret information about the crime that could only have been provided by them. The issues raised by DNA exonerations have led to an overhaul of the criminal-justice system. Some states now require that evidence be preserved; others require mandatory videotaping of interrogations.
New York Times Jun 29, 2011 Common Sense and Sensibility
QUOTE: the Supreme Court ruled that police, when questioning a child suspected of committing a crime, must take the suspect’s age into account and may have to provide Miranda warnings in circumstances that would not require the warnings to be given to an adult suspect. The vote was 5 to 4, and the author of the majority opinion was Justice Sonia Sotomayor. The premise that children are different from adults and may feel coercive pressure when an adult would not, she said, was simply one of “commonsense reality.”
New York Times May 09, 2010 Holder Backs a Miranda Limit for Terror Suspects
QUOTE: The Obama administration said Sunday it would seek a law allowing investigators to interrogate terrorism suspects without informing them of their rights.... [Holder] said interrogators needed greater flexibility to question terrorism suspects than is provided by existing exceptions.
New York Times Jul 02, 2009 ACLU Says Government Used False Confessions
QUOTE: The American Civil Liberties Union yesterday accused the Obama administration of using statements elicited through torture to justify the confinement of a detainee...
Washington Post Jan 16, 2008 In Child Porn Case, a Digital Dilemma: U.S. Seeks to Force Suspect to Reveal Password to Computer Files
QUOTE: compelling [the suspect] to enter his password into his laptop would violate his Fifth Amendment right against self-incrimination. "If Boucher does know the password, he would be faced with the forbidden trilemma: incriminate himself, lie under oath, or find himself in contempt of court," the judge said.
Washington Post Oct 02, 2007 Town torn over 'confession' by accused killer arsonist, 10
QUOTE: While police have said the boy confessed to setting the blaze, his supporters say he gave in under three days of questioning.
CNN (Cable News Network) Oct 01, 2007 Confessions Not Always Clad in Iron (Department of Human Behavior)
QUOTE: A decade of psychological experiments and observations, however, suggests that Craig's confession should not be seen as iron clad. While the senator's claims of innocence have been widely mocked, a large body of psychological research shows that innocent people do falsely confess to crimes. Some even believe they are guilty.
Washington Post Aug 31, 2006 Legal landmines emerge in 'dirty bomber' case: The Jose Padilla trial is a test: Can US avoid legal tangles of its 'war on terror' tactics?
QUOTE: the Padilla case may ultimately help make the world safer for use of coercive interrogation tactics. It could do so, analysts say, by establishing legal precedents that insulate military interrogations from scrutiny by civilian judges in federal courts.
Christian Science Monitor Dec 15, 2005 The Get-Out-of-Torture-Free Card: Why is Congress banning torture but allowing the use of torture testimony?
QUOTE: Congress deserves a pat on the back today for facing down the Bush administration and passing John McCain's unconditional ban on torture, right? Not exactly. Alongside McCain's legislation sits another amendment that undercuts the ban by allowing for the legal use of testimony obtained by torture.
Slate Nov 05, 2005 Lost innocence: False charge altered boys' lives
QUOTE: This was not the first time children have been wrongly accused or confessed to something they didn't do. But the case offers a rare glimpse into how it can happen -- what detectives may say and do behind closed doors...
CNN (Cable News Network) Jun 18, 2005 Michael, Meet Fatty: What Michael Jackson Owes to Fatty Arbuckle
ABSTRACT: "Not guilty by reason of celebrity," was one common reaction to last week's acquittal of Michael Jackson on all 10 counts against him. The notion of "celebrity justice" -- as distinct from conventional justice -- has taken hold across America.
Washington Post Oct 17, 2003 Former Chief of HealthSouth Refuses to Respond at Hearing
QUOTE: ...board minutes were altered at Mr. Scrushy's behest, board members were investigated by his security chief and employees were afraid to complain about company practices that they regarded as fraudulent.
New York Times Mar 19, 2003 Female Prisoners Sue State for Guard's Sex Abuse
QUOTE: Women in New York prisons filed a class action claiming the state makes it difficult to impossible for victims of sex abuse to make complaints against the prison guards who assault them.
Women's eNews Feb 24, 2003 More and more convictions coming undone: A 1981 Philadelphia murder is not unusual: Two pairs of men have confessed to it.
QUOTE: ...a growing number of murder cases...are unraveling across the country...123 convicted felons had been exonerated nationally since 1989 based on DNA tests, according to the Innocence Project at New York's Benjamin N. Cardozo School of Law. A fourth of them were convicted based on their confessions.
Philadelphia Inquirer Dec 01, 2002 New Light on Jogger's Rape Calls Evidence Into Question
QUOTE: [In a high profile New York City rape case in 1989]...the confessions have been the subject of high-volume contention, with charges from the defense that the teenagers were coerced or tricked into confessing...
New York Times Aug 15, 2002 An Imaginary Homicide
QUOTE: If you are going to charge three defendants with capital murder for killing a newborn, do you have an obligation to show that the baby really was killed?
New York Times Aug 09, 2002 Polygraph Hypocrisy
QUOTE: ...there is some possibility the polygraph can produce useful evidence when it is used in a highly targeted and restricted fashion...But it is this particular variant of use that Shelby and some of his colleagues now resist so indignantly.
Washington Post Aug 06, 2002 F.B.I. Faces Inquiry On a False Confession From An Egyptian Student
QUOTE: A federal judge in Manhattan took the unusual step yesterday of ordering federal prosecutors to investigate how the F.B.I. had obtained a confession from an innocent Egyptian student who was detained in connection with the attack on the World Trade Center.
New York Times Jun 11, 2002 Supreme Court Upholds Program Requiring Inmates to Acknowledge Unrevealed Crimes
QUOTE: Prison rehabilitation programs that require inmates to reveal undisclosed crimes do not necessarily violate the constitutional right against compelled self-incrimination...
Jan 25, 2002 Know Your Rights
QUOTE: Whether or not you're a citizen, you have these constitutional rights: The Right to Remain Silent...The Right to be Free from "Unreasonable Searches and Seizures".... The Right to Advocate for Change....
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