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- Title
Meditations on Post-Thompkins Invocations: A Model of "Clarity".
- Authors
KNIGHT, JEFFREY D.
- Abstract
The article discusses invocation law and an individual's right to remain silent under the Fifth Amendment to America's Constitution in the aftermath of the U.S. Supreme Court's ruling in the 2010 case Berghuis v. Thompkins. Miranda rights, hearsay evidence, and the Massachusetts Supreme Judicial Court case Commonwealth v. Clarke are also addressed. Non-verbal, expressive behavior is examined in relation to the invocation framework established by the court in the Thompkins case.
- Subjects
UNITED States; BERGHUIS v. Thompkins; SELF-incrimination; UNITED States. Constitution. 5th Amendment; LEGAL judgments; MIRANDA rights; UNITED States. Supreme Court; HEARSAY evidence; MASSACHUSETTS. Supreme Judicial Court; U.S. states
- Publication
New England Law Review, 2012, Vol 47, Issue 1, p217
- ISSN
0028-4823
- Publication type
Article