Hugo Black

“ Moreover, today's holding creates this dilemma for witnesses: On the one hand, they risk imprisonment for contempt by asserting the privilege prematurely; on the other, they might lose the privilege if they answer a single question. ”

“ Well, as I said before, I'm a very honest person and I'm not acquainted with the tricks of legal procedure, but I understand from the reading of these cases this morning that I am-and I do have a right to refuse to answer these questions, on the basis that they would tend to incriminate me, and you read it yourself, that I have a right to decide that. ”

“ The Court's view makes the protection depend on timing so refined that lawyers, let alone laymen, will have difficulty in knowing when to claim it. [4] In this very case, it never occurred to the trial judge that petitioner waived anything. [5] And even if voluntary testimony can under some circumstances work a waiver, it did not do so here because what petitioner stated to the grand jury 'standing alone did not amount to an admission of guilt or furnish clear proof of crime * * *.' Arndstein v. ”

“ You have not the right to say.
'Mrs. Rogers: According to what you read, I do. I stand on that.
'The Court: All right. If you will make no changes, it is the judgment and sentence of the court you be confined to the custody of the Attorney General for four months. Call the next case.' Transcript of Record, pp. 76-78 (September 23, 1948) .
Notes
↑ 'This provision (against self-incrimination) must have a broad construction in favor of the right which it was intended to secure.' Counselman v. ”