Privilege Against Compelled Self-Incrimination Flashcards
Who can assert the privilege against self-incrimination?
only natural persons, not corporations or partnerships.
When can a person assert the privilege against self-incrimination?
when the person believes their response might tend to incriminate them; i.e. furnish a link in the chain of evidence showing their guilt.
Where a person does not claim the privilege against self-incrimination in a civil case, can they claim the privilege in a subsequent criminal case?
no, you must claim the privilege in a civil case if you wish to claim it in a subsequent criminal case.
Can a defendant be asked to take the witness stand?
no, but the defendant may choose to do so. No one can ask him.
Can a witness who wishes to claim the privilege against self-incrimination choose not to testify?
no, only the defendant has discretion on whether they can testify. All other witnesses must testify on the stand. If they wish to claim the privilege, they must specifically claim it in response to questions.
Does being required to furnish one’s name after a Terry Stop violate the Fifth Amendment privilege against self-incrimination?
no, because furnishing one’s name is usually not enough to incriminate you.
The Fifth Amendment privilege against self-incrimination only protects what kind of evidence?
testimonial evidence. It does not protect against the introduction of physical evidence.
When is a witness’s communication considered testimonial?
when it relates to a factual assertion or disclosure of information.
Does the privilege against self-incrimination allow a person to refuse providing certain documents to the authorities?
no
Does the privilege against self-incrimination prohibit the police from making a search of someone’s residence or possessions to find incriminating evidence?
no
When does a violation of the privilege against self-incrimination actually occur?
when incriminating evidence is used against the witness in a criminal case. The mere receipt of such incriminating evidence is not itself a violation of the privilege.
Does the privilege against self-incrimination allow a suspect to refuse to be in an identification line-up?
no, because being in the line-up, or even being required to say certain phrases is not testimonial.
Is testimony that is freely given by the suspect to the police capable of being protected under the privilege against self-incrimination?
no, because the privilege only applies to *compelled testimony. If a defendant freely gives the police information, than the information is not privileged.
When can’t a prosecutor comment on a defendant’s remaining silent?
after the suspect has been arrested and given their Miranda warnings.
When can a prosecutor comment on a defendant’s remaining silent?
before the defendant is arrested or given their Miranda warnings.
