RIGHT AGAINST SELF-INCRIMINATION
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.]
“The right against self-incrimination, protected by the Fifth Amendment, is central to the
accusatorial system of criminal justice: together with the presumption of innocence, the right
against self-incrimination ensures that the state must bear the burden of prosecution…. The right
against self-incrimination is personal. It may be claimed only by the person who himself might be
at risk for testifying. It may not be claimed on behalf of another ….” Jethro K. Lieberman, The
Evolving Constitution 481–82 (1992). [Blacks Law 8th]