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Garner Vs. United States

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  • US Supreme Court
  • Mar 23, 1976

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71 entries 10 linked 61 unlinked
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  1. Lefkowitz Vs. Turley US Supreme Court · Nov 19, 1973
  2. United States Vs. Monia US Supreme Court · Jan 11, 1943
  3. California Vs. Byers US Supreme Court · May 17, 1971
  4. Lisenba Vs. California US Supreme Court · Dec 08, 1941
  5. Schneckloth Vs. Bustamonte US Supreme Court · May 29, 1973
  6. United States Vs. Kordel US Supreme Court · Feb 24, 1970
  7. Maness Vs. Meyers US Supreme Court · Jan 15, 1975
  8. Branzburg Vs. Hayes US Supreme Court · Jun 29, 1972
  9. Gardner Vs. Broderick US Supreme Court · Jun 10, 1968
  10. Albertson Vs. Sacb US Supreme Court · Nov 15, 1965
  11. Garner v. United
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  12. States - 424 U.S. 648 (1976) U.S. Supreme Court Garner v. United
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  13. States, 424 U.S. 648 (1976) Garner v. United
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  14. within the meaning of the Fifth Amendment. United States v. Sullivan
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  15. U. S. 259 . Miranda v. Arizona
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  16. Mackey v. United
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  17. Garrity v. New
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  18. We agree. II In United States v. Sullivan
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  19. compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant. Kastigar v. United
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  20. is nevertheless compelled to answer, his answers are inadmissible against him in a later criminal prosecution. Bram v. United
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  21. Boyd v. United
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  22. U. S. 70 , 414 U. S. 78 (1973). See Murphy v. Waterfront
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  23. a witness who revealed information instead of claiming the privilege lost the benefit of the privilege. United States v. Kordel
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  24. to be the only square holding to this effect, the Court frequently has recognized the principle in dictum. Maness v. Meyers
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  25. Rogers v. United
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  26. Smith v. United
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  27. Vajtauer v. Commissioner
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  28. privilege and the generally applicable principle that governments have the right to everyone's testimony. Mason v. United
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  29. Branzburg v. Hayes
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  30. Kastigar v. United
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  31. may be compelled to give testimony, for example, in a noncriminal investigation of himself. See, e.g., Gardner v. Broderick
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  32. fundamental purpose of the Fifth Amendment -- the preservation of an adversary system of criminal justice. See Tehan v. United
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  33. is no such circumvention of the constitutionally mandated policy of adversary criminal proceedings. Cf. Counselman v. Hitchcock
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  34. Garner of that free choice. A Garner relies first on cases dealing with coerced confessions, e.g., Miranda v. Arizona
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  35. Michigan v. Mosley
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  36. at issue in Miranda than a witness who has been called to testify in judicial proceedings. Cf. United States v. Kordel
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  37. Miranda, supra at 384 U. S. 461 . B Garner relies next on Mackey v. United
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  38. States, 401 U. S. 667 (1971), the relevance of which can be understood only in light of Marchetti v. United
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  39. States, 390 U. S. 39 (1968), and Grosso v. United
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  40. Marchetti, supra at 390 U. S. 52 . As noted in Albertson v. SACB
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  41. C Garner's final argument relies on Garrity v. New
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  42. conviction cannot be based on a valid exercise of the privilege. This is implicit in the dictum of United States v. Sullivan
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  43. See United States v. Murdock
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  44. U. S. 141 (1931) ( Murdock I ), disapproved on other grounds, Murphy v. Waterfront
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  45. his claim, and he has an opportunity to reconsider it before being held in contempt for refusal to answer. Cf. Maness v. Meyers
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  46. may be that such a procedure would serve the best interests of the Government, as well as of the taxpayer, cf. Emspak v. United
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  47. U.S. at 284 U. S. 148 . See also Quinn v. United
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  48. Emspak v. United
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  49. are so neutral that the privilege could rarely, if ever, be asserted to prevent their disclosure. See also California v. Byers
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  50. it promptly even though the information being sought remains undisclosed when the privilege is claimed. United States v. Murdock
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