Right to Non Self-Incrimination

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.

Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.