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| Criminal procedure |
|---|
| Criminal trials and convictions |
| Rights of the accused |
| Fair trial · Speedy trial · Jury trial |
| Counsel · Presumption of innocence |
| Exclusionary rule (U.S.) |
| Self-incrimination · Double jeopardy (Not E&W) |
| Verdict |
| Acquittal · Conviction |
| Not proven (Scot.) · Directed verdict |
| Sentencing |
| Mandatory · Suspended · Custodial |
| Dangerous offender (Can., E&W) |
| Capital punishment · Execution warrant |
| Cruel and unusual punishment |
| Post-conviction events |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Miscarriage of justice |
| Exoneration · Pardon |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals: Law · Criminal justice |
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted The right to fair trial is an essential right in all countries respecting the Rule of law. Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings Right to counsel is nowadays generally regarded as a constituent of the Right to a fair trial, allowing for the defendant to be assisted by counsel (i The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of Courts of the United States may refer both to the United States federal courts, which operate under the authority of the United States Constitution Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. In Law, a directed Verdict is ruling by a Judge presiding over a Jury trial typically made after the plaintiff has presented all of her evidence In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. A suspended sentence is a legal construct Unless a minimum punishment is prescribed by law the Court has the power to suspend the passing of sentence (generally A custodial sentence is a judicial sentence imposing a punishment (and hence the resulting punishment itself consisting of mandatory custody of the convict either in prison In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. An execution warrant or death warrant is a warrant which authorizes the execution of a judgment of death ( Capital punishment) on an individual Parole may have different meanings depending on the field and judiciary system Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite Prison sentence must serve before that person becomes The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern In the British criminal justice system a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern Exoneration occurs when a person who has been convicted of a Crime is later proved to have been innocent of that crime A pardon is the forgiveness of a crime and the penalty associated with it The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.
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United States law
The Fifth Amendment to the United States Constitution protects witnesses from being forced to incriminate themselves. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure To "plead the Fifth" is a refusal to answer a question because the response could form self incriminating evidence. In American criminal law, " taking the Fifth " also known as " pleading the Fifth " or " commanding the fifth " is the act of Historically, the legal protection against self-incrimination is directly related to the question of torture for extracting information and confessions.
In Miranda v. Arizona (1966) the United States Supreme Court ruled that the Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. Miranda v Arizona (consolidated with Westover v United States, Vignera v The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before The right to remain silent is a legal protection given to people undergoing police Interrogation or trial.
Canadian law
In Canada, similar rights exist pursuant to the Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the Section 11 of the Charter provides that one cannot be compelled to be a witness in a proceeding against oneself. Section 11(c) states:
- 11. Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution 's Charter of Rights that protects a person's legal rights Any person charged with an offence has the right … c) not to be compelled to be a witness in proceedings against that person in respect of the offence…
An important distinction in Canadian law is that this does not apply to a person who is not charged in the case in question. A person issued subpoena, who is not charged in respect of the offence being considered, must give testimony. However, this testimony cannot later be used against the person in another case. Section 13 of the Charter states:
- 13. Section Thirteen of the Canadian Charter of Rights and Freedoms is a section of the Charter which along with section 11 (c, specifies rights regarding Self-incrimination A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
United Kingdom law
- See also: Right to silence in England and Wales
The right against self-incrimination originated in England and Wales. The Right to silence in England and Wales is the term used to describe the protection given to a person during Criminal proceedings from adverse History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception In countries deriving their laws as an extension of the history of English Common Law, a body of law has grown around the concept of providing individuals with the means to protect themselves from self-incrimination. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive
The Criminal Justice and Public Order Act 1994 amended the right to silence by allowing inferences to be drawn by the jury in cases where a suspect refuses to explain something, and then later produces an explanation (in other words the jury is entitled to infer that the accused fabricated the explanation at a later date, as he or she refused to provide the explanation during the time of the Police questioning. The Criminal Justice and Public Order Act 1994 was an Act of Parliament brought into law by the Parliament of the United Kingdom. The right to remain silent is a legal protection given to people undergoing police Interrogation or trial. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them The jury is also free not to make such an inference).
Legal definitions of self-incrimination
- Barron's Law Dictionary (USA):
SELF-INCRIMINATION, PRIVILEGE AGAINST the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself or herself which will subject him or her to an incrimination. This right under the Fifth Amendment (often called simply PLEADING THE FIFTH) is now applicable to the states through the due process clause of the Fourteenth Amendment, 378 U. S. 1,8, and is applicable in any situation, civil or criminal where the state attempts to compel incriminating testimony. (There are many caveats following this section. )
- Black's Law Dictionary (USA):
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 person to be a witness against himself involuntarily or to furnish evidence against himself. (There are links to other related subjects: Compulsory self-incrimination; Link-in-chain; Privilege against self-incrimination. )
See also
Further reading
- Levy, Leonard W. [1969] (1986). The Latin expression nemo tenetur se detegere, which literally means "nobody has to reveal oneself" expresses the principle according to which no-one can be forced Under Common law, privilege is a term describing a number of rules excluding evidence that would be adverse to a fundamental principle or relationship if it were disclosed Leonard W Levy ( April 9, 1923 – August 24, 2006) was the Andrew W Origins of the Fifth Amendment, Reprint, New York: Macmillan. Origins of the Fifth Amendment by Leonard W Levy won the Pulitzer Prize for 1969. ISBN 0029195802.
Dictionary
self-incrimination
-noun
- (law) giving testimony, in a trial, that would incriminate oneself
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