What is the Fifth Amendment privilege against compulsory self-incrimination?

California, United States of America


The following excerpt is from Craig v. Superior Court, 126 Cal.Rptr. 565, 54 Cal.App.3d 416 (Cal. App. 1976):

'The Fifth Amendment privilege against compulsory self-incrimination is an 'intimate and personal one,' which protects 'a private inner sanctum of individual feeling and thought and proscribes state intrusion to extract self-condemnation.' . . . As we noted in Couch (Couch v. U.S.), 409 U.S. (322), at 328, 93 S.Ct. (611) at 616 (34 L.Ed.2d 548), the 'privilege is a Personal privilege: it adheres basically to the person, not to information that may incriminate him.''

In United States v. Nobles, as in the case before us, the discovery order required defendant to produce previous statements of a prosecution witness. The high court stated (p. 231):

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