Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

The Fifth Amendment of the United States Constitution provides that no person 'shall be compelled in any criminal case to be a witness against himself.' This privilege is applicable to the States through the Due Process Clause of the Fourteenth Amendment of the Constitution. Malloy v. Hogan, 378 U.S. 1 (1964). This privilege 'is fully applicable during a period of custodial interrogation.' Miranda v. Arizona, 384 U.S., at 460-461.

In Miranda, the Court concluded that 'without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely.' Id., at 467. Accordingly, the Court formulated the now-familiar 'procedural safeguards effective to secure the privilege against self-incrimination.' Id., at 444. The Court's fundamental aim in designing the Miranda warnings was 'to assure that the individual's right to choose between silence and speech remains unfettered throughout the interrogation process.' Id., at 469.

A suspect may waive his Fifth Amendment privilege, 'provided the waiver is made voluntarily, knowingly and intelligently.' Id., at 444. A statement ...

Register or login to access full content