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Book Review: Shall We Amend the Fifth Amendment?

By Charles E. Clark


This is a scholarly work analyzing the history of the privilege against self-incrimination and its present judicial meaning. The title may mislead, since it suggests a polemic for extensive amendment of a notable constitutional provision. In fact no actual amendment is proffered. Rather the book is an analysis of one only of the fifth amendment privi- leges, and a critique of recent decisions which the author regards as extending the privilege beyond historical bases and desirable policy, together with an argument for judicial retreat. As such the presentation is doubtless more persuasive, even if less interesting, than would be a tract fulfilling the promise of the title

Topics: Book Review: Shall We Amend the Fifth Amendment?, 29 George Washington Law Review 611 (1961), Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1961
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