Confessions and Self-incrimination

Question 1

The 5th Amendment privilege against self-incrimination only applies to what type of statement?

Answer 1

Compelled, testimonial statements

Question 2

Under the 5th Amendment, a compelled statement is:

Answer 2

One that is elicited, coerced, or otherwise induced by a government actor

(Examples - interrogations, polygraphs, things obtained pursuant to a subpoena)

Question 3

What is considered testimonial?

Answer 3

Testimonial statements are written or spoken communications whose primary purpose is to establish or prove past events that are potentially relevant to later criminal prosecution

Question 4

What is not considered testimonial?

Answer 4

— Observational evidence (line-ups)

— Physical evidence

Question 5

Prosecution cannot bring a Defendant’s invocation of his 5th Amendment right to the jury’s attention

Answer 5

The prosecution cannot comment on a defendant’s refusal to take the stand

Adverse inferences are allowed in civil cases but are prohibited in criminal cases