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United States v. Wong, 431 U.S. 174 (1977)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Wong, 431 U.S. 174 (1977)
United States v. Wong No. 74-635 Argued December 6, 1976 Decided May 23, 1977 431 U.S. 174
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
A witness who, while under investigation for possible criminal activity, is called to testify before a grand jury and is later indicted for perjury in the testimony given before the grand jury, is not entitled to suppression of the false testimony on the ground that no effective warning of the Fifth Amendment privilege to remain silent had been given. Pp. 177-180.
(a) The Fifth Amendment testimonial privilege does not condone perjury, which is not justified by even the predicament of being forced to choose between incriminatory truth and falsehood, as opposed to a refusal to answer. United States v. Knox, 396 U.S. 77; United States v. Mandujano, 425 U.S. 564. Pp. 178-179.
(b) Nor do Fifth Amendment due process requirements require suppression, since even where searching questions are made of a witness uninformed of the Fifth Amendment privilege of silence, "[o]ur legal system provides methods for challenging the Government’s right to ask questions -- lying is not one of them." Bryson v. United States, 396 U.S. 64, 72. Pp. 179-180.
553 F.2d 576, reversed and remanded.
BURGER, C.J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Wong, 431 U.S. 174 (1977) in 431 U.S. 174 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=LB6W567VYXM2W1K.
MLA: U.S. Supreme Court. "Syllabus." United States v. Wong, 431 U.S. 174 (1977), in 431 U.S. 174, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LB6W567VYXM2W1K.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Wong, 431 U.S. 174 (1977). cited in 1977, 431 U.S. 174. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=LB6W567VYXM2W1K.
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