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 […]
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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
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right against self-incrimination 反对自证其罪的权利 刑事被告人或证人享有的一项宪法性权利(如美国宪法第五条修正案即有规定)，指如果某人的证言有可能导致其受到刑事追诉，则他享有不被政府强迫提供此种证言的权利。在某些情况下，当事人可以放弃此项权利。除刑事诉讼外，在民事诉讼、立法程序、行政程序或大陪审团程序中，当事人也可以主张这项权利。也称作privilege against self-incrimination; right to remain silent。
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