Privilege Against Self-Incrimination Inapplicable in Civil Cases

Question 1

McDonald v. Tiamiyu (2015)

Answer 1

The privilege against compulsory self-incrimination protected by both the United States and
Midlands Constitutions is inapplicable to civil cases, including Slayer Statute proceedings. A party
who is still subject to a risk of prosecution may, of course, decline to testify. But, unlike in criminal
cases, the fact finder in a civil case is permitted to draw an adverse inference from a person’s
decision not to testify or refusal to do so, and the opposing party is likewise free to comment on
such failure.