Also known as: self-criminate · self-criminated · self-criminating · self-incrimination
Written by attorneys · grounded in primary & secondary sources — see below
An act of providing testimony or other evidence that tends to establish one's own guilt in a criminal matter. The Fifth Amendment protects natural persons from being compelled to furnish such evidence when it is testimonial in nature.
Sydney Santos took the stand to describe her reputation for honesty in business dealings. On cross-examination the opposing party asked whether she had previously filed false tax returns that exposed her to criminal liability. Sydney invoked the privilege and the court sustained the objection because the inquiry touched only her character for truthfulness.
Sofia Stern was taken to the station in a locked cruiser and questioned for hours about missing funds. Officers never advised her of her rights to remain silent or to counsel. Her later statements were excluded because the questioning occurred in custody without the required warnings.
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Stella Shapiro refused to answer questions in a state proceeding that could have led to criminal charges. The state court attempted to compel her testimony. The Supreme Court held that the Fifth Amendment privilege binds the states through the Fourteenth Amendment.
Sebastian Santos received a subpoena to testify before a grand jury about his own role in a conspiracy. After the government granted use and derivative-use immunity he answered the questions. His testimony could not later be used against him in a criminal prosecution.
Steven Silva was arrested for driving while intoxicated. Officers obtained a blood sample over his objection without any verbal questioning. The results were admissible because the physical evidence did not constitute compelled testimonial self-incrimination.
Sylvia Santos and a co-defendant were tried together. The co-defendant's confession implicating Sylvia was introduced through a police officer. The court reversed the conviction because the statement was admitted without an opportunity for cross-examination and violated Sylvia's privilege against self-incrimination.
No. A witness who testifies on another subject does not waive the privilege for questions that relate only to character for truthfulness. The protection remains intact for inquiries that would expose the witness to criminal liability.
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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 is incorporated through the Fourteenth Amendment and binds the states.
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…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…