What is the Fifth Amendment protecting an accused from being compelled to testify against himself?

California, United States of America


The following excerpt is from People v. Lopez-Ramirez, C077223 (Cal. App. 2017):

The Fifth Amendment to the United States Constitution provides that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself." This privilege protects an accused from being compelled to testify against himself or to provide evidence of a testimonial or communicative nature. (Schmerber v. California (1966) 384 U.S. 757, 773 [16 L.Ed.2d 908, 921].)

Other Questions


Can a defense counsel argue that a defendant could have hidden behind his Fifth Amendment right not to testify but instead testified? (California, United States of America)
Is the right to testify in a civil trial grounded in the Fifth Amendment or in the Sixth Amendment? (California, United States of America)
Is there a violation of the Fifth Amendment in compelling an accused to repeat words for voice identification? (California, United States of America)
In what circumstances will the court uphold a finding that appellant voluntarily and knowingly waived her Fifth Amendment right to the Fifth Amendment? (California, United States of America)
What is the test for reasonableness in the Fourth Amendment and how does the equal protection clause in the Fourteenth Amendment apply? (California, United States of America)
How does the Fifth Amendment protect against self-incrimination? (California, United States of America)
Can a prosecutor make an improper comment on appellant's assertion of his Fifth Amendment right not to testify? (California, United States of America)
Where an allegation of sexual assault is made directly to the accused in writing, does the accused have to notify the accused of the allegation of a specific violation of his or her due process? (California, United States of America)
What is the scope of the protection afforded by article I, section 19 of the Fifth Amendment? (California, United States of America)
Does the majority of the California Supreme Court have found a Fifth Amendment violation even when the state has not technically "compelled" a defendant to produce their testimonial disclosures? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.