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" The Fourteenth Amendment secures against state invasion the same privilege that the Fifth Amendment guarantees against federal infringement — the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will,... "
Rights of Police Officers During Internal Investigations: Hearing Before the ... - Page 287
by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice - 1993 - 357 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 451

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1982 - 1050 pages
...547. 562 (1892), and the privilege is fulfilled only when a criminal defendant is guaranteed the right "to remain silent unless he chooses to speak in the...his own will, and to suffer no penalty ... for such silence." " Malloy v. Hogan, 378 US 1, 8 (1964). We agree with the Court of Appeals that respondent's...
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Official Gazette, Volume 76, Issues 31-34

Philippines - Gazettes - 1980 - 838 pages
...RIGHT. OF SILENCE.— This privilege against self-incrimination guaranteed by the Constitution protects the right of a person to remain silent unless he chooses to speax in the unfettered exercise of his own will, and to suffer no penalty for such silence. The accused...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 378

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1965 - 636 pages
...States to resort to imprisonment, as here, to compel him to answer questions that might incriminate him. The Fourteenth Amendment secures against state invasion...exercise of his own will, and to suffer no penalty. as held in Twining, for such silence. This conclusion is fortified by our recent decision in Mapp v....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 385

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1967 - 1072 pages
...decisions of that vintage to determine which of them, if any, would be decided the other way because of "the right of a person to remain silent unless he...exercise of his own will, and to suffer no penalty ... /or such silence," as declared in Malloy v. Hogan, supra, at 8. (Italics added.) Opiuion of DOUGLAS,...
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Task Force Report; Organized Crime: Annotations and Consultants' Papers

United States. Task Force on Organized Crime - Gangs - 1967 - 140 pages
...furnish a link in a chain of evidence 125 which would incriminate the witness need not be answered "unless he chooses to speak in the unfettered exercise of his own will." 12° The privilege applies not only at trial but also in any circumstance of official interrogation....
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Controlling Crime Through More Effective Law Enforcement: Hearings Before ...

United States. Congress. Senate. Judiciary - 1967 - 1318 pages
...U3.r>-'_'3.S (194O). In sum. t*l» fulfilled only when the person is guaranteed the right "to remain ** he chooses to speak in the unfettered exercise of his own will." «o0«ii, 37s; US 1.8 (1964). "f on in these cases is whether the privilege is fully applicable during...
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Nominations of Abe Fortas and Homer Thornberry: Hearings...

United States. Congress. Senate. Judiciary - 1968 - 1834 pages
...227. 23*238 (1940). In sum, the privilege is fulfilled only when the person is guaranteed the right "to remain silent unless he chooses to speak in the unfettered, exercise of his own will." Malloy v. Hogan, 378 US 1, 8 (1964). 604 (1020) c "• 562 (1892) lv C°Un"""^ v. Ss"s(ifd e ~e would...
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Nominations of Abe Fortas and Homer Thornberry: Hearings, Ninetieth Congress ...

United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 pages
...development, is the essential m.iinstay of our adversary system and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial inter580 rogation as well as in the courts or during the course of other...
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Hearings, Reports and Prints of the Senate Committee on the Judiciary

United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1968 - 1430 pages
...development, is the essential mninstay of our adversary system and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interTogether with No. 760, Vignera v. New York, on certiorari to rogation...
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The Supreme Court: Hearings, Ninetieth Congress, Second Session

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers - Separation of powers - 1968 - 680 pages
...Hogan, which definitively extended the privilege to state trials. It emphasizes the right of an accused "to remain silent unless he chooses to speak in the unfettered exercise of his own will."85 The counterpart of such a privilege at the pre-arraignment stage could be readily safeguarded...
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