Can a state force a suspect to give evidence against himself under the Fifth Amendment?

MultiRegion, United States of America

The following excerpt is from Weaver v. Brenner, 40 F.3d 527 (2nd Cir. 1994):

The Fifth Amendment, made applicable to the states through the Fourteenth Amendment, provides in part that "[n]o person ... shall be compelled in any criminal case to be a witness against himself." U.S. CONST. amend. V. It guarantees "the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will, and to suffer no penalty ... for such silence." Malloy v. Hogan, 378 U.S. 1, 8, 84 S.Ct. 1489, 1493-94, 12 L.Ed.2d 653 (1964). Defendants do not dispute that the Fifth Amendment guarantees the privilege against self-incrimination; instead, they insist the privilege cannot be violated unless the fruits of unlawful official conduct are carried into court. In their view, it is lawful for state actors to coerce incriminating statements from a suspect in custody, so long as those statements are not subsequently introduced against the suspect at trial.

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