Define: Self Incrimination

Self-incrimination is the legal principle that protects individuals from being compelled to provide testimony or evidence that could incriminate themselves in a criminal case. It is based on the Fifth Amendment to the United States Constitution, which states that no person “shall be compelled in any criminal case to be a witness against himself.” This right allows individuals to refuse to answer questions or provide information that could potentially lead to their own prosecution or conviction. Self-incrimination applies in various legal proceedings, including police interrogations, court hearings, and administrative proceedings. However, there are exceptions to this right, such as when a valid grant of immunity is provided or when self-incriminating statements are made voluntarily. The privilege against self-incrimination is a fundamental aspect of due process and protects individuals’ rights against coerced confessions and compelled testimony.

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This glossary post was last updated: 29th March 2024.