[DOWNLOAD] "Kaneshiro V. Belisario" by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Kaneshiro V. Belisario
- Author : Hawaii Supreme Court
- Release Date : January 12, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
With the qualification hereinafter mentioned, I agree with today's holding that the petitioner cannot comment on the defendant's exercise of his right against self-incrimination and I subscribe to the court's opinion for said conclusion. However, there is danger that the court's opinion "We therefore hold that in a civil proceeding the assertion of defendant's right against self-incrimination is protected by the state and federal constitutions * * *" is too broad. If implicit in said opinion a defendant, in a given case, can claim such right against self-incrimination and yet demand the benefits of a status for which he refuses to demonstrate his fitness, then I respectfully dissent to the broad application of today's holding. See Spevack v. Klein, 385 U.S. 511, Harlan, J., dissenting at 525, 526 (1967); Gardner v. Broderick, 392 U.S. 273 (1968).
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