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Old Wine in a New Bottle: Supreme Judicial Court Decision Reiterates Broad Scope of Fifth Amendment Protection

The Massachusetts Supreme Judicial Court (“SJC”) on Friday, October 10, 2014 decided Commonwealth v. Jason LeClair, No. SJC-11469, a Fifth Amendment case.  It did not make new law but reiterated that the scope of the Fifth Amendment privilege is broad and liberally construed, something that many lawyers, including prosecutors, and…