Fifth Amendment
Partial Fifth Amendment Waivers
25/05/13 15:47
There was an interesting post on the Volokh Conspiracy today about the IRS agent’s belated invocation of her right to remain silent. According to the Supreme Court’s ruling in Mitchell v United States, her partial disclosure may have waived the entire stream. This approach could be helpful when a Government informant has made disclosures to the police or the prosecution. I have argued a similar approach when a CSC victim gives access to his/her medical/pscyhological records.