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Self Incrimination and the right to privacy in a criminal proceeding.

The Fifth amendment protects a person against being incriminated by his or her own compelled testimonial communication. This protection is applicable to the states through the due process clause of the Fourteenth Amendment. To be testimonial, a communication must itself, explicitly or implicitly relate to a factual assertion or disclose information that is the expression of the contents of an individual’s mind. Therefore, the privilege against self-incrimination is not violated by compelling a person to appear in a line-up, produce voice exemplars, hand writing samples, fingerprints, shave mustache or beard, or take blood-alcohol or breathalyzer test.
The U.S. Supreme Court said:
“the privilege afforded not only extends to answers that would in themselves support a conviction under a criminal statute but like wise embraces those which would furnish a link in the chain of evidence needed to prosecute the claimant for a crime.
But this protection must be confined to insta...

Posted by: Chad Boger

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