Selfincrimination

Self-incrimination refers to making statements or producing evidence that could reveal one’s involvement in a crime or other liability. The legal concept is a privilege that protects individuals from being forced to provide information that could be used against them in criminal proceedings.

In many jurisdictions, most notably the United States, the privilege against self-incrimination is a fundamental right. The Fifth Amendment to the U.S. Constitution guards against compulsory self-incriminating testimony in criminal prosecutions. Before custodial interrogation, police typically must inform suspects of the right to remain silent and to have an attorney present (the Miranda rights). A person may choose to invoke the right at any time; voluntary, non-coercive statements may be used, but the privilege can be invoked to refuse to answer questions.

The privilege generally covers testimonial communications. It does not automatically bar the production of physical evidence, such as documents or fingerprints, which may be compelled in some circumstances. To compel testimony while limiting self-incrimination, authorities may offer immunity, such as use or transactional immunity, which protects the compelled testimony from being used to prosecute the person.

The scope and application of self-incrimination protections vary by jurisdiction. In many civil or administrative proceedings, the privilege is more limited, and certain circumstances can require testimony or the production of evidence if immunity or other safeguards are provided, or if there is no reasonable prospect of criminal liability.

See also: privilege against self-incrimination, right to silence, Miranda rights, immunity.