The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look at McKune v. Lile

Abstract

This note examines the Court's decision in McKune v. Lile and discusses the implications of the Court's decision on the standards utilized for determining what conditions create a Fifth Amendment violation in the prison context. Part II provides background information on the Fifth Amendment right against self-incrimination. Part III presents the facts and procedural history of Lile, followed by an analysis of the plurality, concurring, and dissenting opinions in Part IV. Part V discusses the judicial, legislative and social implications of Lile. Part VI suggests possible solutions for avoiding the social implications and further constitutional claims. Finally, Part VII concludes with an overview of the likely ramifications of the Court's decision.