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The Privilege of Silence

The Privilege of Silence Fifth Amendment Protections against Self-Incrimination, 2nd Edition

Author: Steven Salky; Paul Hynes Jr
Publisher: American Bar Association
ISBN: 9781627225779
Published In: June 2014
Format: Paperback , 343 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The United States Constitution provides that "no person shall be compelled in any criminal case to be a witness against himself." While this portion of the Fifth Amendment contains only fifteen words, its application can be deceptively complex. Using the Fifth Amendment right against self-incrimination is dependent on the factual setting in which the privilege is asserted, with the values served often balanced against the competing interests at stake.

Now in its second edition, this book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator who may encounter it infrequently, as well as the criminal lawyer who seeks to advance his or her client's interests through the use of the Fifth Amendment. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

“An extremely thoughtful exploration of the Fifth Amendment privilege against self-incrimination and a must-read for criminal defense lawyers. For anyone seeking to understand one of our foundational constitutional principles, Salky and Hynes have developed an essential resource.”
     Lanny A. Breuer
     Partner and Vice Chairman, Covington & Burling LLP
     Former Assistant Attorney General, Criminal Division, U.S. Department of Justice

“Steve Salky and Paul Hynes’s The Privilege of Silence is an exceptional compilation and incisive analysis of the complex, inconsistent body of case law that has developed around the Fifth Amendment. Their book is an indispensible tool for all criminal defense practitioners.”
     Henry W. Asbill
     Partner, Jones Day
     Former Director, National Association of Criminal Defense Lawyers
     Former President, American Board of Criminal Lawyers

“THE PRIVILEGE OF SILENCE is both an invaluable reference book and a readable survey of the law of self-incrimination. It’s the first place I’ll turn when issues in this area arise in my practice.”
Arthur B. Spitzer
Legal Director, American Civil Liberties Union of the Nation’s Capital

“The Privilege of Silence is an essential resource for practicing attorneys, law professors, law students, and anyone interested in learning about the Fifth Amendment. Accessible and well-written, this book provides the latest cases and an excellent explanation of every aspect of this complicated area of the law.”
Angela J. Davis
Professor, American University Washington College of Law