Self-Incrimination
Author | Jeffrey Lehman, Shirelle Phelps |
Page 93
Giving testimony in a trial or other legal proceeding that could subject one to criminal prosecution.
The right against self-incrimination forbids the government from compelling any person to give testimonial evidence that would likely incriminate him during a subsequent criminal case. This right enables a defendant to refuse to testify at a criminal trial and "privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings" (Lefkowitz v. Turley, 414 U.S. 70, 94 S. Ct. 316, 38 L. Ed. 2d 274 [1973]).
Confessions, admissions, and other statements taken from a defendant in violation of this right are inadmissible against him during a criminal prosecution. Convictions based on statements taken in violation of the right against self-incrimination normally are overturned on appeal, unless there is enough admissible evidence to support the verdict. The right of self-incrimination may only be asserted by persons and does not protect artificial entities such as corporations (Doe v. United States, 487 U.S. 201, 108 S. Ct. 2341, 101 L. Ed. 2d 184 [1988]).
This testimonial privilege derives from the FIFTH AMENDMENT to the U.S. Constitution. Most state constitutions recognize a similar testimonial privilege. However, the term self-incrimination is not actually used in the Fifth Amendment. It provides that "[n]o person ? shall be compelled in any criminal case to be a witness against himself."
Although the language of the Fifth Amendment suggests that the right against self-incrimination applies only during criminal cases, the Supreme Court has ruled that it may be asserted during civil, administrative, and legislative proceedings as well. The right applies during nearly every phase of legal proceedings, including GRAND JURY hearings, preliminary investigations, pretrial motions, discovery, and the trials themselves. However, the right may not be asserted after conviction when the verdict is final because the constitutional protection against DOUBLE JEOPARDY protects defendants from a second prosecution for the same offense. Nor may the privilege be asserted when an individual has been granted IMMUNITY from prosecution to testify about certain conduct that would otherwise be subject to criminal punishment.
At the same time, the right against self-incrimination is also narrower than the Fifth Amendment suggests. The Fifth Amendment allows the government to force a person to be a witness against herself or himself when the subject matter of the testimony is not likely to incriminate the person...
To continue reading
Request your trialSubscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.