Other Free Encyclopedias » Law Library - American Law and Legal Information » Notable Trials and Court Cases - 1941 to 1953 » Rochin v. California - Significance, Key Amendments In The Case, The Arrest And Conviction Of Rochin, The Supreme Court Hears The Case

Rochin v. California - Key Amendments In The Case

incriminating self fifth process

This case examined the Fifth Amendment's privilege against providing self-incriminating evidence as well as the Fourteenth Amendment's application of the Fifth and other amendments to the state level. The Fifth Amendment guarantees that no one "shall be compelled in any criminal case to be witness against himself." Arguably, the capsules pumped from Rochin amounted to a self-incriminating testimony forced from him by the arresting officers. Furthermore, the Fourteenth Amendment grants this right to all citizens in all states, prohibiting any state from depriving "any person of life, liberty, or property, without the due process of law." Rochin contended that the police confiscated his property without due process of law or without any legal proceeding, forcing self-incriminating evidence from his body.

Rochin v. California - The Arrest And Conviction Of Rochin [next] [back] Rochin v. California - Further Readings

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