The Privilege of Silence

The Privilege of Silence

Fifth Amendment Protections Against Self-Incrimination

by Steven M. Salky, Paul B. Hynes

343 pages· 2015· ISBN 9781627225779
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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.

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