Right to Non Self-Incrimination: Difference between revisions
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=Background= | =Background= | ||
A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence | right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege| priest-penitent privilege]]. | A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence | right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege| priest-penitent privilege]]. In the United States a defendant is notified of this right by police through Miranda Warnings. | ||
Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court. | Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court. | ||
Revision as of 23:24, 9 December 2010
Background
A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the right to remain silent. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, marital confidences and spousal testimonial privileges, and the priest-penitent privilege. In the United States a defendant is notified of this right by police through Miranda Warnings.
Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.
International Examples
Kenya
A defendant in criminal proceedings has the right to refuse to give testimony that would incriminate him/her in the present trial or a subsequent trial. If questions seeking to elicit incriminating evidence are raised during trial, counsel for the accused must raise timely objections to prevent any response that may have a prejudicial effect against the defendant.
