In this Reply, Professor Sampsell-Jones responds to Speaking of Silence: A Reply to Making Defendants Speak by Professors Cribari and Judges. He argues that their theory of the Self-Incrimination Clause, which relies on intuition to determine which practices are necessary to “test the prosecution” in criminal cases, is lacking in both textual support and practical utility. As a result, he concludes that their defense of Griffin v. California is unconvincing.
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