Summary

Portrait of Potter Stewart Potter Stewart Leary v. United States (395 U.S. 6…

As to Part I, I have before now expressed my conviction that the Fifth Amendment guarantee against compulsory self-incrimination was originally intended to do no more than confer a testimonial privilege in a judicial proceeding. [1] But the Court through the years has drifted far from that mooring; the Marchetti and Grosso cases [2] are simply the most recent in a long line of decisions marking the extent of the drift.
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