Scope of the Privilege

• Jurisdiction: Maryland

I. Scope of the privilege

The Fifth Amendment privilege against compelled self-incrimination applies to (a) testimonial statements and communications; (b) if they are compelled to be given by a government agent; (c) if they may tend to incriminate the person giving the compelled testimony; and (d) if they are given in the context of a current or future proceeding that is or would be punitive in nature. Thus, the privilege against compelled self-incrimination prohibits the Government from compelling a person to be a witness against oneself by being required to provide testimonial evidence.

In Crosby v. State, 366 Md. 518 (2001), the Court of Appeals held: "The United States Constitution and the Maryland Declaration of Rights guarantee the innocent and guilty alike the right to remain silent." Id. at 526 (citations omitted). Md. Code Ann., Cts. & Jud. Proc. § 9-107, provides: "A person may not be compelled to testify in violation of the privilege against self-incrimination."

The Fifth Amendment privilege against...