Cardozo Public Law, Policy & Ethics Journal
Abstract
The Fifth Amendment privilege against self-incrimination is a cornerstone of American constitutional law, yet it faces erosion through recent Supreme Court rulings and scholarly critiques. The article presents a novel defense of this privilege, focusing on the protection of the "literal voice" and "metaphorical voice," arguing that compelled speech uniquely harms dignity, identity, and autonomy. It critiques existing justifications as insufficient and proposes a framework rooted in social science and linguistic compulsion, emphasizing the privilege's role in preventing state overreach and safeguarding individual autonomy.
Disciplines
Criminal Law | Criminal Procedure | Evidence | Jurisprudence | Law
Recommended Citation
Andrew E. Taslitz,
Confessing in the Human Voice: A Defense of the Privilege Against SelfIncrimination,
7
Cardozo Pub. L. Pol’y & Ethics J.
121
(2008).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol7/iss1/5
Included in
Criminal Law Commons, Criminal Procedure Commons, Evidence Commons, Jurisprudence Commons