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