This Comment provides a guide to the current constitutional framework concerning in-court compelled voice exemplars. The Author analyzes the privilege against self –incrimination as applied to exemplars and criticizes the testimony versus communication standard. Because the Supreme Court has not provided guidance as to whether due process acts to limit compelled exemplar situations, the Comment considers due process limitations other courts have applied in this context. The Author argues that due process should provide protection in exemplar situations.
Michael A. Connor,
The Constitutional Framework Limiting Compelled Voice Exemplars: Exploration of the Current Constitutional Boundaries of Governmental Power Over a Criminal Defendant,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol33/iss1/7