privilege against self-incrimination

privilege against self-incrimination
A privilege of one who is accused of a crime, existing under the Fifth and Fourteenth Amendments to the Federal Constitution, as well as under the constitutions of most of the states, not to be compelled to give self-incriminating testimony. 21 Am J2d Crim L § 349. The privilege of a witness, based upon the Fifth Amendment to the Constitution of the United States, a provision of a state constitution, 58 Am J1st Witn § 36, or a principle of the common law, Allen v State, 183 Md 603, 39 A2d 820, 171 ALR 1138; State v Cdanowicz, 69 NJL 619, 55 A 743. To refuse to answer any question that will incriminate or tend to incriminate himself. 58 Am J1st Witn § 36. The wisdom of the exemption has never been universally assented to since the days of Bentham, many doubt it today, and it is best defended not as an unchangeable principle of universal justice, but as a law proved by experience to be expedient. Twining v New Jersey, 211 US 78, 53 L Ed 97, 29 S Ct 14. The privilege of immunity from self-incrimination under the Fifth Amendment to the United States Constitution, to be available, must be invoked by the witness. The privilege of silence is solely for his benefit and is deemed waived unless invoked. The Fifth Amendment affords no immunity to a witness against the use of his voluntary testimony against him. United States v Mary Helen Coal Corp. (DC Ky) 24 F Supp 50. See self-incrimination.

Ballentine's law dictionary. . 1998.

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  • privilege against self-incrimination — A witness s right to refuse to testify in court if the testimony might result in the witness revealing criminal activity and/or being criminally prosecuted. This right is guaranteed in the Fifth Amendment to the Constitution, but is waivable… …   Law dictionary

  • privilege against self–incrimination — see privilege 1b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • privilege against self incrimination — n.    a right to refuse to testify against oneself in a criminal prosecution or in any legal proceeding which might be used against the person. This privilege is guaranteed by the Fifth Amendment to the Constitution, which provides: No… …   Law dictionary

  • privilege against self incrimination — noun the civil right (guaranteed by the Fifth Amendment to the United States Constitution) to refuse to answer questions or otherwise give testimony against yourself • Syn: ↑freedom from self incrimination • Topics: ↑law, ↑jurisprudence •… …   Useful english dictionary

  • Self-incrimination — is the act of accusing oneself of a crime for which a person can then be prosecuted. Self incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self incriminatory nature is disclosed;… …   Wikipedia

  • self-incrimination — /self in krim euh nay sheuhn, self /, n. the act of incriminating oneself or exposing oneself to prosecution, esp. by giving evidence or testimony. [1920 25] * * * In criminal law, the giving of evidence that might tend to expose the witness to… …   Universalium

  • self-incrimination — n. The act of testifying against oneself or implicating oneself in a crime, which the Fifth Amendment forbids the government to require of anyone. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney… …   Law dictionary

  • self–incrimination — self–in·crim·i·na·tion /ˌself in ˌkri mə nā shən/ n: incrimination of and by oneself esp. through testimony see also privilege against self incrimination at privilege Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • self-incrimination — Acts or declarations either as testimony at trial or prior to trial by which one implicates himself in a crime. The Fifth Amendment, U.S.Const., as well as provisions in many state constitutions and laws, prohibit the government from requiring a… …   Black's law dictionary

  • self-incrimination — The giving of testimony, the furnishing of evidence, or a demonstration by act, by which a witness incriminates himself because it is such or tends to be such as will convict him of a crime. 58 Am J1st Witn §§ 57 et seq. See privilege against… …   Ballentine's law dictionary

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