§ 43.02 "COMPULSION" REQUIREMENT

• Jurisdiction: United States

§ 43.02. "COMPULSION" REQUIREMENT

The Fifth Amendment does not prohibit self-incrimination; it prohibits only compulsory self-incrimination.⁶ For example, the compulsion issue was critical in the Miranda decision, where the Court determined that custodial interrogation amounted to "compulsion" within the meaning of the privilege.⁷ A subpoena requiring a person to testify at trial is the paradigmatic example of compulsion.

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Notes:

^[6] See id. ("The Fifth Amendment prohibits only compelled testimony that is incriminating."); United States v. Washington, 431 U.S. 181,188 (1977) ("The constitutional guarantee is only that the witness be not compelled to give self-incriminating testimony.").

^[7] See Miranda v. Arizona, 384 U.S. 436, 467 (1966) (The "process of in-custody interrogation of persons suspected or accused of [a] crime contains inherently compelling pressures which work to undermine the individual's will to resist and to...