right against self incrimination

A criminal defendant’s or a witness’s constitutional right — under the Fifth Amendment, but waivable under certain conditions — guaranteeing that a person cannot be compelled by the government to testify if the testimony might result in the person’s being criminally prosecuted.

• Although this right is most often asserted during a criminal prosecution, a person can also “plead the Fifth” in a civil, legislative, administrative, or grand-jury proceeding.

— Also termed privilege against self-incrimination; right to remain silent. See SELF-INCRIMINATION N. [Cases: Criminal Law 393; Witnesses 297.C.J.S. Criminal Law § 645; Witnesses § 522.]

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词条贡献者

译者陈鹏，毕业于一所培养高级翻译以及跨文化事务专家的精英大学，擅长翻译各种与诉讼及争议解决相关的法律文件。