Journal Article - University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny
Decrypting the Fifth Amendment: The Limits of Self-Incrimination
Summary
In "Decrypting the Fifth Amendment: The Limits of Self-Incrimination in the Digital Era," Vivek Mohan and John Villasenor examine the scope of information protected from compelled self-incriminating disclosure by exploring the boundaries of the contents of the mind. They propose a framework for bringing the foregone conclusion doctrine, which was articulated in 1976, into the digital era, and conclude that the question of what constitutes a "testimonial act" must be revisited to proactively ensure that emerging technologies do not eviscerate the Fifth Amendment privilege against self-incrimination.
Read the entire article here: https://www.law.upenn.edu/live/files/1277-mohanvillasenor15upajconstlheightscrutiny112012pdf
Want to Read More?
The full text of this publication is available via the original publication source.
For more information on this publication:
Please contact
Science, Technology, and Public Policy
For Academic Citation:
Mohan, Vivek and John Villasenor. “Decrypting the Fifth Amendment: The Limits of Self-Incrimination.” University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny, vol. 15. (October 2012): 11-28 .
- Recommended
- In the Spotlight
- Most Viewed
Recommended
Analysis & Opinions
- Issues in Science and Technology
Fostering Innovation to Strengthen US Competitiveness Through the National Science Foundation
Belfer Center for Science and International Affairs, Harvard Kennedy School
- Women in STEM Share Experiences
Speech
- Belfer Center for Science and International Affairs, Harvard Kennedy School
"Speaking Science to Power" - John Holdren's NAS Public Welfare Medal Acceptance Speech
In the Spotlight
Most Viewed
Analysis & Opinions
- New Straits Times
Gorbachev and the End of the Cold War
Discussion Paper
- Belfer Center for Science and International Affairs, Harvard Kennedy School
Why the United States Should Spread Democracy
News
- Belfer Center for Science and International Affairs, Harvard Kennedy School
Graduating Belfer Student Fellows Reflect on Harvard Experience
Summary
In "Decrypting the Fifth Amendment: The Limits of Self-Incrimination in the Digital Era," Vivek Mohan and John Villasenor examine the scope of information protected from compelled self-incriminating disclosure by exploring the boundaries of the contents of the mind. They propose a framework for bringing the foregone conclusion doctrine, which was articulated in 1976, into the digital era, and conclude that the question of what constitutes a "testimonial act" must be revisited to proactively ensure that emerging technologies do not eviscerate the Fifth Amendment privilege against self-incrimination.
Read the entire article here: https://www.law.upenn.edu/live/files/1277-mohanvillasenor15upajconstlheightscrutiny112012pdf
Want to Read More?
The full text of this publication is available via the original publication source.- Recommended
- In the Spotlight
- Most Viewed
Recommended
Analysis & Opinions - Issues in Science and Technology
Fostering Innovation to Strengthen US Competitiveness Through the National Science Foundation
Belfer Center for Science and International Affairs, Harvard Kennedy School
-Women in STEM Share Experiences
Speech - Belfer Center for Science and International Affairs, Harvard Kennedy School
"Speaking Science to Power" - John Holdren's NAS Public Welfare Medal Acceptance Speech
In the Spotlight
Most Viewed
Analysis & Opinions - New Straits Times
Gorbachev and the End of the Cold War
Discussion Paper - Belfer Center for Science and International Affairs, Harvard Kennedy School
Why the United States Should Spread Democracy
News - Belfer Center for Science and International Affairs, Harvard Kennedy School
Graduating Belfer Student Fellows Reflect on Harvard Experience