Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Chapter 7
Compulsory Self-Incrimination
Constitutional Law
13th Edition
Introduction
No person . . . shall be compelled in any criminal
7 Compulsory Self-Incrimination
Constitutional Restrictions
•Fourth Amendment
oRestricts physical evidence
•Fifth Amendment
oRestricts testimony
7 Compulsory Self-Incrimination
Fifth Amendment Protection
•Suspects have the right to remain silent during
custodial interrogations
7 Compulsory Self-Incrimination
Analyzing the Fifth Amendment
The most efficient way to analyze the Fifth
Amendment is to break the language down into
components.
7 Compulsory Self-Incrimination
Prerequisites
•Testimony
oWords or actions that disclose something a
7 Compulsory Self-Incrimination
Compulsion and the Subpoena
The normal manner in which our legal system
compels testimony is by issuing a subpoena:
•It is a court order to appear and testify
•Failure to comply results in being held in contempt
7 Compulsory Self-Incrimination
Self-Incrimination and Immunity
•Absolute immunity
oBars the government from prosecuting the
•Use immunity
oBars the government from using the compelled
7 Compulsory Self-Incrimination
Waiver of the Privilege
A waiver occurs when a person who has a Fifth
7 Compulsory Self-Incrimination
Scope of Waiver
Criminal defendants who take the witness stand:
•Waive the privilege against self-incrimination
7 Compulsory Self-Incrimination
Bodily Self-Incrimination
The Fifth Amendment does not protect suspects
from compulsory self-incrimination through
7 Compulsory Self-Incrimination
Appearance Evidence
•Derives from bodily characteristics that are
routinely displayed to the public
•Examples:
7 Compulsory Self-Incrimination
Bodily Evidence
•Physical evidence obtained by searching
areas of a suspect’s body not normally
exposed to the public
•Examples
7 Compulsory Self-Incrimination
Schmerber v. California
•Established the modern framework for evaluating
the constitutionality of highly intrusive bodily
7 Compulsory Self-Incrimination
Copyright © 2012, Elsevier Inc. All rights Reserved
Procedures Requiring a Warrant
Unless confronted with an emergency that could
result in the destruction of evidence, a warrant
should be obtained before performing procedures
that:
•Involve taking bodily tissues or fluids
7 Compulsory Self-Incrimination
Exigent Circumstances
This exception allows the police to conduct a
7 Compulsory Self-Incrimination
Exigent Circumstances (continued)
Courts have applied the exigent circumstances
exception to the three bodily-intrusive searches:
1. Taking blood, breath, or urine samples to perform
7 Compulsory Self-Incrimination
Strip and Body Cavity Searches
•Strip search
oPolice must have reasonable suspicion that a
search will turn up evidence of drugs,
7 Compulsory Self-Incrimination
