Title

Testimonial Immunity and the Privilege Against Self-Incrimination: A Study in Isomorphism

Authors

Peter Lushing, Benjamin N. Cardozo School of LawFollow

Files

Description

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme Court, Pillsbury Co. v. Conboy.

Publication Date

1982

Volume

73

Publisher

Journal of Criminal Law & Criminology

First Page

1690

Keywords

testimony, criminal law, Fifth (5th) Amendment, Supreme Court, New Jersey v. Portash, United States v. Apfelbaum, Pillsbury Co. v. Conboy

Disciplines

Criminal Law | Evidence | Law

Recommended Citation

Peter Lushing, Testimonial Immunity and the Privilege Against Self-Incrimination: A Study in Isomorphism, 73 Journal of Criminal Law & Criminology 1690 (1982).
Available at: https://larc.cardozo.yu.edu/faculty-articles/367