Legal Definitions - Privilege against self-incrimination

The Privilege against self-incrimination is a fundamental legal protection that prevents individuals from being forced to provide testimony or information that could be used to convict them of a crime. It is guaranteed by the Fifth Amendment to the United States Constitution.

Essentially, this privilege means that no person can be compelled to be a witness against themselves in a criminal case. This protection applies not only to defendants in criminal trials but also to witnesses in various legal proceedings, including civil cases, administrative hearings, and police interrogations, whenever their truthful testimony might expose them to criminal charges.

Here are a few examples illustrating how this privilege works:

• During a Criminal Trial: Imagine a witness is called to testify in a criminal trial. The prosecutor asks them about their involvement in a specific event related to the crime. If the witness believes that answering truthfully could reveal their own criminal conduct, they can "plead the Fifth" or invoke the privilege against self-incrimination. This means they can refuse to answer that particular question, and the court cannot force them to do so, because their answer might provide evidence that could lead to their own prosecution.

• Police Interrogation: When a person is arrested and taken to a police station for questioning, law enforcement officers must inform them of their "Miranda rights," which include the right to remain silent. If the suspect chooses to invoke this right, the police cannot continue to interrogate them or compel them to speak. Any statements made after invoking this right, if compelled, would generally be inadmissible in court, as they would violate the privilege against self-incrimination.

• Civil Lawsuit with Criminal Overtones: Consider a civil lawsuit where a company is suing a former employee for breach of contract and financial mismanagement. During a deposition (an out-of-court sworn testimony), the former employee is asked about specific financial transactions. If answering truthfully about those transactions could expose the employee to criminal charges like embezzlement or fraud, they can invoke the privilege against self-incrimination. Even though it's a civil case, the potential for criminal prosecution allows them to refuse to answer questions that could incriminate them.