Self-Incrimination
Definition of Self-Incrimination
Note: See a more comprehensive approach to the Self-Incrimination legal concept in the American Law Encyclopedia
Testimony offered by a person that may lead to his or her conviction. The privilege against self-incrimination is designed to keep the burden of proof on the prosecution. The Bill of Rights speaks to the matter of self-incrimination in the Fifth Amendment, which says that no person “shall be compelled in any criminal case to be a witness against himself.” This provision was initially applied only to persons on trial. The concept has been extended, however, to include statements made prior to trial that may have the effect of implicating a person in a crime. The privilege also applies to testimony from witnesses appearing before legislative committees or executive agencies. No unfavorable inference may be drawn from a person's exercise of the privilege. If, for example, a defendant chooses not to testify on his or her own behalf at trial, neither the judge or prosecutor may suggest that anything pertaining to guilt be read into that decision. Indeed, a defendant is entitled to request a specific jury instruction admonishing the jury to draw no inference from refusal to speak with police after arrest or to testify at trial.
See Also
Confession (Law of the United States) Immunity (Law of the United States).
Resources
Self-Incrimination Related Resources
- Self-Incrimination in the United States Legal Encyclopedia
- Criminal Judicial Process Keywords in the United States Legal Encyclopedia
- Criminal Process Keywords in the International Legal Dictionary
Notes
- “Self-Incrimination”, The American Law Dictionary, 1991, California
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