老澳门开奖结果

This case considers whether the Fifth Amendment鈥檚 self-incrimination clause is violated when a defendant鈥檚 compelled statements are used against him at a probable cause hearing but not at a criminal trial. As the 老澳门开奖结果 and the National Association of Criminal Defense Lawyers explain in their amicus brief, the answer is yes. The Self-Incrimination Clause of the Fifth Amendment applies to preliminary hearings when such proceedings are held after the initiation of criminal charges. The Fifth Amendment guarantees that 鈥渘o person 鈥� shall be compelled in any criminal case to be a witness against himself.鈥� The preliminary hearing is part of a 鈥渃riminal case.鈥� Moreover, prosecutorial use of a defendant鈥檚 involuntary, self-incriminating statement at the preliminary hearing compels the defendant to be a 鈥渨itness against himself.鈥� Limiting the Self-Incrimination Clause to a trial right would deny criminal defendants a critical constitutional protection where it is often most important. In contemporary American criminal practice, a preliminary hearing may provide a criminal defendant鈥檚 only 鈥渄ay in court.鈥� As the Supreme Court has recognized, ours 鈥渋s for the most part a system of pleas, not a system of trials.鈥� Allowing a felony charge to proceed to trial based on use of a defendant鈥檚 compelled statement could pressure a defendant to plead guilty even if the prosecutor lacks sufficient admissible evidence by which to prove guilt beyond a reasonable doubt at trial.