THE FIFTH AMENDMENT: THE FIFTH AMENDMENT

Is It Privilege Abused? Does Silence Imply Guilt?

No person . . . shall be compelled in any criminal case to be a witness against himself.

—THE FIFTH AMENDMENT

HIGH on the program of the American Bar Association meeting in Philadelphia last week was discussion of the Fifth Amendment to the U.S. Constitution. This was fitting, since the A.B.A. was gathered to observe the 200th anniversary of the birth of Chief Justice John Marshall (1755-1835), whose interpretation of what the Fifth Amendment did and did not mean still prevails as the view of most thoughtful...

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