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2. Fifth and Fourteenth Amendment Exclusion of Confessions

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the Due Process Clause and Fifth Amendment Privilege-based doctrine excluding coerced confessions from criminal trials. It traces the history of this evidentiary bar from the ... More


3. The Miranda Exclusionary Rule

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter explores the Miranda exclusionary rule, which is based on the Fifth Amendment Privilege—the right not to be compelled to be a witness against oneself. The bar to confessions prescribed ... More


The Right to Silence Protects Mental Control *

Dov Fox

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0017
Subject:
Law, Medical Law

This chapter examines the idea that individuals have a right of control, vis-à-vis the state, over the use of their thoughts. Advances in cognitive science and forensic neurotechnology could make it ... More


Interrogation Standards of the Fifth and Fourteenth Amendments Applied to Both Citizens and Noncitizens

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0005
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Why should constitutional protections be extended to any noncitizen in the first place? Some argue that any alien (legal or illegal) residing in the United States is entitled to full constitutional ... More


Criminal Procedure

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0006
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines the three primary constitutional provisions that limit the gathering and use of neuroscientific evidence by the government: the Fourth Amendment, the Fifth Amendment privilege ... More


Subpoenas and Privacy

in Privacy at Risk: The New Government Surveillance and the Fourth Amendment

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226762838
eISBN:
9780226762944
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226762944.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines the history of the subpoena in an attempt to understand how the currently lax approach to transaction surveillance in the United States developed. It explains the historical ... More


Election and Removal of the President

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the constitutional provisions for choosing the president by electors; eligibility to the Office of President; the number of terms a President could serve; compensation and ... More


Government Takings of Private Property

Janice Nadler, Shari Seidman Diamond, and Matthew M. Patton

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0013
Subject:
Political Science, American Politics

This chapter discusses the conflict between the public's expectations about the circumstances under which government should be permitted to exercise its power of eminent domain to effect an outright ... More


Resurrecting Civil Rights: Reading an Old Act for a New Era

George Rutherglen

in Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199739707
eISBN:
9780199979363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739707.003.0007
Subject:
Law, Legal History, Human Rights and Immigration

Civil rights returned to dominate the nation's domestic agenda with Brown v. Board of Education. Although not directly involved in that case, the 1866 Act furnished part of the background for this ... More


Private Property and Public Welfare

Alan Brudner

in Philosophical Foundations of Property Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199673582
eISBN:
9780191751721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673582.003.0004
Subject:
Law, Philosophy of Law, Company and Commercial Law

This chapter argues that Hegel’s theory of the relation between property and the state understands the Fifth Amendment’s takings clause. The chapter is organized as follows. Sections 2 and 3 expound ... More


Deferentialism: A Post-Originalist Theory of Legal Interpretation

Scott Soames

in Analytic Philosophy in America: And Other Historical and Contemporary Essays

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691160726
eISBN:
9781400850464
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691160726.003.0015
Subject:
Philosophy, American Philosophy

This chapter begins by articulating the principles underlying the two key dimensions of a new, deferentialist, theory of legal interpretation—the identification of original asserted or stipulated ... More


Personal Jurisdiction and Fifth Amendment Due Process Revisited

Chimène I. Keitner

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0010
Subject:
Law, Public International Law, Comparative Law

This chapter addresses the contested role of U.S. courts in adjudicating disputes with foreign elements. As a matter of domestic law, the Due Process Clauses in the U.S. Constitution constrain the ... More


Half of the Rest of Their Lives in Jail

Matthew Vaz (ed.)

in Running the Numbers: Race, Police, and the History of Urban Gambling

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226690445
eISBN:
9780226690582
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226690582.003.0005
Subject:
History, Cultural History

This chapter explores a series of Supreme Court cases decided during the 1950s and 1960s. Many of the cases grew out of police abuses during gambling enforcement, in particular the widespread ... More


Introduction

Barry C. Feld

in Kids, Cops, and Confessions: Inside the Interrogation Room

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814727775
eISBN:
9780814770467
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814727775.003.0009
Subject:
Sociology, Law, Crime and Deviance

This introductory chapter briefly describes the transformation of police interrogation techniques for juveniles. In the beginning of the twentieth century the law characterized children as ... More


The Supreme Court and Juvenile Justice

Samuel M. Davis

in Children's Rights Under and the Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199795482
eISBN:
9780190259990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199795482.003.0009
Subject:
Law, Family Law

This chapter reviews Supreme Court decisions in juvenile justice cases. It begins in 1967 when the Court decided In re Gault until its decision most recently in Safford Unified School District No. 1 ... More


An Inconsistent Jurisprudence: The Doctrinal Spectrum

Edward A. Jr. Purcell Jr.

in Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter explores Justice Antonin Scalia’s constitutional jurisprudence across the broad range of issues he addressed. The chapter shows that he contradicted his originalist jurisprudence in ... More


“The Laughing-Stock of Europe”

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0009
Subject:
Law, Legal History

This chapter focuses on the Senate Internal Security Subcommittee's (SISS) hearings where it interrogated professors as part of its anti-communist purges. It considers the testimonies of professors ... More


Conclusion: The Coudert Legacy

Andrew Feffer

in Bad Faith: Teachers, Liberalism, and the Origins of McCarthyism

Published in print:
2019
Published Online:
September 2019
ISBN:
9780823281169
eISBN:
9780823285969
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823281169.003.0014
Subject:
History, Social History

This chapter summarizes the implications of the Coudert probe for the history of McCarthyism, its relationship to the liberal political tradition, the damage wrought to civil liberties and, its ... More


8 “The Laughing-Stock of Europe”

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0009
Subject:
Law, Legal History

This chapter focuses on the Senate Internal Security Subcommittee's (SISS) hearings where it interrogated professors as part of its anti-communist purges. It considers the testimonies of professors ... More


Detention and the Legal Status & Rights of Aliens

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0003
Subject:
Law, Public International Law, Comparative Law

This chapter describes the actual legal status of lawfully admitted aliens in the United States and the United Kingdom. Even prior to 9/11 there is a history of indefinite detentions of non-citizens ... More


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