Difference between revisions of "Right to Non Self-Incrimination"

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(Created page with '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. �')
 
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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|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege| priest-penitent privilege]].  
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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|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege| priest-penitent privilege]]. Iin 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 17:08, 17 July 2010

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. Iin 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.