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Simple English definitions for legal terms
right against self-incrimination
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A quick definition of right against self-incrimination:
The right against self-incrimination is a constitutional right that protects a person from being forced to say something that could lead to criminal charges against them. This right is often used in criminal trials, but can also be used in other legal proceedings. It means that a person can choose to remain silent and not answer questions that could incriminate them. This right is personal and cannot be claimed on behalf of someone else.
A more thorough explanation:
The right against self-incrimination is a constitutional right guaranteed by the Fifth Amendment. It means that a person cannot be forced to testify if their testimony might result in criminal prosecution. This right is most commonly used in criminal trials, but it can also be used in civil, legislative, administrative, or grand-jury proceedings.
For example, if a person is called to testify in a criminal trial and their testimony might incriminate them, they can choose to "plead the Fifth" and not answer the question. This means they are invoking their right against self-incrimination.
It's important to note that this right is personal and can only be claimed by the person who might be at risk for testifying. It cannot be claimed on behalf of someone else.