self-incrimination, privilege against

self-incrimination, privilege against
n. A privilege granted by the Fifth Amendment to the United States Constitution, which bars the federal government from forcing a criminal defendant to give testimony against him- or herself. Through the due process clause of Fourteenth Amendment, this privilege has become applicable to state proceedings, whether criminal or civil, and is often referred to simply as, "pleading the Fifth." The rule does not apply to self-incrimination by non-testimonial means; therefore, the individual is not protected against fingerprinting or DNA evidence being compelled.

Webster's New World Law Dictionary. . 2000.

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  • 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

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

  • 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

  • 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

  • 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

  • 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 — 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… …   Ballentine's 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

  • 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

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