Hansen v. Owens

I respectfully dissent.

In my view the privilege against self-incrimination contained in Article I, § 12 of the Utah Constitution is testimonial in nature and does not encompass a right to refuse to give a handwriting exemplar. The privilege extends only to prohibiting the state from calling the defendant to take the stand, compelling or improperly inducing a defendant to give oral testimony against himself, and prohibiting improper comment on the exercise qf the privilege.

The majority’s conclusion that there is “little distinction between making him [the defendant] respond to questions for…