Also known as: privilege against self-incrimination · self-incrimination privilege · Fifth Amendment privilege
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional protection that bars the government from compelling an individual to furnish testimonial evidence that could be used to incriminate the person in a criminal case.
Preston Pratt testified on direct about revenue calculations at his firm. On cross-examination opposing counsel asked whether Pratt had skimmed cash tips and failed to report the income. Pratt's counsel asserted the privilege. The court sustained the objection because the inquiry related only to character for truthfulness.
Paula Pierce was taken to a small office by police and questioned for hours about a theft. Officers never advised her of her rights to remain silent or to counsel. Her statements were later offered at trial. The court excluded them because the statements were obtained during custodial interrogation without the required warnings.
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Portia Price was called before a state legislative committee and ordered to answer questions that could expose her to criminal liability. She refused. The state court upheld her refusal because the Fifth Amendment privilege applies to the states through the Fourteenth Amendment.
Penelope Price was granted use immunity and testified before a grand jury. Prosecutors later sought to introduce derivative evidence from her testimony in a criminal trial. The court barred the evidence because the privilege protects against use of compelled testimony and its fruits.
Pavel Petrov challenged a city ordinance that required him to register and answer questions about his activities under threat of penalty. He refused on self-incrimination grounds. The court held that the Fifth Amendment privilege applies to the states and protects him from compelled disclosure.
Peter Park was arrested for driving under the influence after a crash. Police ordered a blood draw without his consent and without a warrant. The court admitted the blood results because the privilege protects only testimonial communications and does not extend to physical evidence such as blood.
No. A witness who testifies on another matter does not waive the privilege against self-incrimination when the new questions relate only to character for truthfulness.
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Yes. Any statement obtained during custodial interrogation is inadmissible unless the person first receives warnings about the right to remain silent, the use of statements in court, the right to counsel, and the right to appointed counsel if indigent.
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Yes. The Fifth Amendment privilege against compulsory self-incrimination is incorporated through the Fourteenth Amendment and binds the states.
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No. Use immunity must be coextensive with the privilege. The government may not use the testimony or evidence derived from it in a later prosecution.
No. The privilege applies only to testimonial communications and does not extend to physical evidence obtained without compulsion of the person's own statements.
Supporting sources
…from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any…