ABSTRACT
The Supreme Court overturned convictions based on confessions obtained with the assistance of truth serums, or after prolonged periods during which suspects were held incommunicado, denied sleep, or otherwise mistreated. Added to the US Constitution as part of the original Bill of Rights in 1791, the Fifth Amendment is a collection of rights. Somewhat incongruously placed with the criminal matters is a clause in the amendment that guarantees that private property cannot be taken for public use without compensation—called the Takings Clause—presumably in a civil eminent domain proceeding. Courts have further held that if a defendant exercises this right to remain silent, prosecutors and other officials cannot comment on the refusal to speak or otherwise use it to convince the jury that guilt should be inferred. The Court found in both cases that the questioning violated the defendants' right against self- incrimination.
