Privilege Against Self Incrimination

Privilege Against Self Incrimination in United States

Practical Information

Note: Some of this information was last updated in 1982

A provision in the Fifth Amendment stating that no person shall be compelled to be a witness against himself or herself in a criminal case in a federal court. No inference of guilt may be drawn from someone’s failure to take the stand or to call witnesses in his or her own behalf. The Supreme Court has held that the due process clause of the Fourteenth Amendment does not require state courts to give accused persons the protection against selfincrimination stated in the Fifth Amendment. Most states, however, do have similar provisions in their own constitutions and statutes.

(Revised by Ann De Vries)

What is Privilege Against Self Incrimination?

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