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Garner Vs. United States
Cites for this judgment
- US Supreme Court
- Mar 23, 1976
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Garner v. UnitedSearch
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States - 424 U.S. 648 (1976) U.S. Supreme Court Garner v. UnitedSearch
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States, 424 U.S. 648 (1976) Garner v. UnitedSearch
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within the meaning of the Fifth Amendment. United States v. SullivanSearch
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U. S. 259 . Miranda v. ArizonaSearch
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Brief any citation in this list with AI Studio
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Mackey v. UnitedSearch
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Garrity v. NewSearch
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We agree. II In United States v. SullivanSearch
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compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant. Kastigar v. UnitedSearch
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is nevertheless compelled to answer, his answers are inadmissible against him in a later criminal prosecution. Bram v. UnitedSearch
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Boyd v. UnitedSearch
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U. S. 70 , 414 U. S. 78 (1973). See Murphy v. WaterfrontSearch
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a witness who revealed information instead of claiming the privilege lost the benefit of the privilege. United States v. KordelSearch
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to be the only square holding to this effect, the Court frequently has recognized the principle in dictum. Maness v. MeyersSearch
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Rogers v. UnitedSearch
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Smith v. UnitedSearch
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Vajtauer v. CommissionerSearch
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privilege and the generally applicable principle that governments have the right to everyone's testimony. Mason v. UnitedSearch
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Branzburg v. HayesSearch
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Kastigar v. UnitedSearch
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may be compelled to give testimony, for example, in a noncriminal investigation of himself. See, e.g., Gardner v. BroderickSearch
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fundamental purpose of the Fifth Amendment -- the preservation of an adversary system of criminal justice. See Tehan v. UnitedSearch
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is no such circumvention of the constitutionally mandated policy of adversary criminal proceedings. Cf. Counselman v. HitchcockSearch
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Garner of that free choice. A Garner relies first on cases dealing with coerced confessions, e.g., Miranda v. ArizonaSearch
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Michigan v. MosleySearch
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at issue in Miranda than a witness who has been called to testify in judicial proceedings. Cf. United States v. KordelSearch
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Miranda, supra at 384 U. S. 461 . B Garner relies next on Mackey v. UnitedSearch
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States, 401 U. S. 667 (1971), the relevance of which can be understood only in light of Marchetti v. UnitedSearch
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States, 390 U. S. 39 (1968), and Grosso v. UnitedSearch
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Marchetti, supra at 390 U. S. 52 . As noted in Albertson v. SACBSearch
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C Garner's final argument relies on Garrity v. NewSearch
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conviction cannot be based on a valid exercise of the privilege. This is implicit in the dictum of United States v. SullivanSearch
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See United States v. MurdockSearch
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U. S. 141 (1931) ( Murdock I ), disapproved on other grounds, Murphy v. WaterfrontSearch
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his claim, and he has an opportunity to reconsider it before being held in contempt for refusal to answer. Cf. Maness v. MeyersSearch
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may be that such a procedure would serve the best interests of the Government, as well as of the taxpayer, cf. Emspak v. UnitedSearch
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U.S. at 284 U. S. 148 . See also Quinn v. UnitedSearch
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Emspak v. UnitedSearch
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are so neutral that the privilege could rarely, if ever, be asserted to prevent their disclosure. See also California v. ByersSearch
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it promptly even though the information being sought remains undisclosed when the privilege is claimed. United States v. MurdockSearch
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