Chapter 5 - §1. Overview
Jurisdiction | United States |
§1. Overview
The U.S. Constitution provides two bases for requiring a statement to be voluntary in order to be admissible in a criminal proceeding: the Fifth Amendment's right against self-incrimination and the Fourteenth Amendment's Due Process Clause. Dickerson v. U.S. (2000) 530 U.S. 428, 433. The Fifth Amendment's right against self-incrimination provides that no person "shall be compelled in any criminal case to be a witness against himself," and the Fourteenth Amendment's Due Process Clause guarantees that no state "shall . . . deprive any person of life, liberty, or property, without due process of law." U.S. Const. amend. 5, 14, §1. Both constitutional provisions apply to the...
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