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Flashcards in Privilege Against Self-Incrimination Deck (7)
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Privilege Against Self-Incrimination Rule

  1. Authorities cannot compel a person to engage in self-incriminating “testimonial” behavior.
    1. testimonial- about your thought process, not bodily conditions/movement


Definition of Testimonial Behavior that the Privilege Covers

“testimonial” behavior: an intentional communication of one’s thoughts


Testimonial Behavior Rules

  1. A person can be compelled to engage in nontestimonial self-incriminating behavior.
    1. Giving blood or breath, DUI walks, visual and audio lineup, making D walk to prove he has a limp is not testimonial.
  2. Even if in a civil trial, testimonial conduct cannot be compelled


Privilege Against Self-Incrimination and Grants of Immunity

  • If a person is granted effective immunity, the privilege no longer applies and the person can be compelled to answer.


Types of Immunity

  • Use Immunity
  • Transactional Immunity


Use Immunity

(aka co-terminus)

  • a prosecutor can’t use anything you tell them against you
  • But, they can use other evidence to prosecute you


Transactional Immunity

  1. A prosecutor can’t use anything you tell them against you, nor can they prosecute you for anything arising from your testimony.
  2. Usually only given when a D pleads guilty to something.
  3. At discretion of prosecution.
  4. Cannot say “I won’t testify unless you give me this”