Also known as: nemo tenetur seipsum accusare · nemo tenetur prodere seipsum · privilege against self-incrimination · right to silence
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional protection that shields individuals from being compelled to provide testimonial evidence that could be used against them in a criminal prosecution. The protection applies whenever a real and appreciable risk of criminal liability exists. It covers statements or acts that communicate the contents of the mind and extends to state as well as federal proceedings.
Noelle North testifies on direct examination about her company's occupancy reports. On cross-examination the opposing party asks whether she previously skimmed cash tips and failed to report the income. Noelle asserts the privilege. The court sustains the objection because the question relates only to character for truthfulness and does not waive the protection.
Nestor Navarro receives a grand jury subpoena ordering him to enter the passphrase that decrypts a server containing logs of alleged illegal activity. He refuses and moves to quash. The court sustains the objection because entering the passphrase would communicate knowledge and control that could tie him to the crime.
Select any source to read its text and confirm it supports the definition.
No. The privilege protects any person who faces a real and appreciable risk that answers could be used in a future criminal prosecution. It applies to witnesses in another person's case and before indictment.
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No. By testifying on another matter a witness does not waive the privilege against self-incrimination for testimony that relates only to character for truthfulness.
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No. The privilege applies only when the risk is of criminal liability. Testimony is incriminating if it would tie the witness to a crime or furnish a lead to such evidence.
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No. The privilege is personal to natural individuals and does not extend to artificial entities or to custodians acting in a representative capacity.
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