Right Against Self-Incrimination Flashcards
Section 17
No person shall be COMPELLED to be a witness against himself.
In admission, they must be voluntary and not compelled.
12th minute
what does this right invovle?
during trial, another opportunity to admit came.
(during plea, he pleaded NOT guilty_
why is it incrimination
can’t the word ‘compel’ contemplate a civl case as well with two parties compelling one party to claim.
what if complainant says “actually, he owns the land and im just squatting” is this appicable to civil cases?
NO, even if section 17 does not qualifiy by stating “no person … in a criminal offnese”
being a witness to be against himself in a civil case does not apply simply because this is under the bill of rights so this right is in light of the relationship between the citizen and th state
so if content of admission is one private individual to another private individual
then that admission will NOT fall on the right of self-incirination
but when the person says “I killed the person” yes there is another private person but ESSENTIALLY, that content goes with your relationsihp with the State because that State has already promulgated it as a criminal act punishable by law.
If the content of your testimony amounts to an action in violation of the state’s criminal law, then that is considered an incriminating testimony.
THREE ELEMENTS OF WHAT IS SELF-INCRIMINATION
Testimony
Incriminating
Compelled
TESTIMONY
root word: testis meaning “witness” latin (of the Romans)
In the roman era, 2 greatest asset
- his mind
- his ability to procreate
a person is perpetuated if he writes a book or sires a son
in the roman era, if you testify against another, you are putting something at risk if you say something untruthful.
During the testimony, the testes is going to be cut off if the testimony is proven to be wrong.
so now, what is at stake in the modern time? what is at stake is our LIBERTY.
if you say something untruthful, that is perjury. Anything untruthful while you are on the stand,
Knowledge Check: Penalty of Perjury is Prision Mayor in min to med period
(6 years 1 day - 10 years)
TESTIMONY
included
- testimonial evidence
excluded
- Examples of mechanical acts: * Results of the gunpowder examination * Blue powder examination * Weighing, measuring the accused * Taking pictures of the accused * Putting his foot in a footdrip * Getting a sample of his hair or saliva for a DNA test
in rape case, victim says he was raped by person A. She did not have STD before the rape, but after the rape, she now has STD
prosecution if present in the accused and std the same with the victim. it can be Corroborated evidence that the accused was the one who actually rape
corroborative - not directly
can the prosecution say that the want the accused submit himself to an STD test, can he invoke “Right Against Self Incrimination” because if body is used to confirm the STD, that can be incriminating, IS THAT COVERED BY THIS RIGHT?NO.
The reason why submitting the accused to an STD test is not
That particular action is purely mecanical.
What if he is compelled to write ?
ex. in a falsification of a private document, a will can either be type-written or hand-written..
handwritten will is called : hologrpahic will
assume a person is prosecuted for a falsification of a will.
the holograph will bequeathing the entirety of the free portion to the accused.
if ever during the presentation of the evidence and accused present as witness. Can the prosecution say “Please right this phrase, i hereby bequeath”
is this a violation of self-incrimination
what is a mechanical act?
testimony
purely for actions
[tsetimony]
comes from the person’s intellect
Writing is NOT a mere mechanical act
Note: Handwriting in connection with a prosecution for falsification is not allowed. Ratio: Writing is something more than moving the body, or the hands, or the fingers; writing is not a purely mechanical act, because it requires the application of intelligence and attention; and in the case at bar writing means that the petitioner herein is to furnish a means to determine whether or not he is the falsifier, as the petition of the respondent fiscal clearly states.
Beltran v. Samson
it means it is covered under testimonial evidence so invoking the right against self-incrimination can be invoked.
ELEMENT OF INCRIMINATING
witness cross-examined for having seen an act that constitutes malicious mischief
“i took the iphone of the old lady. without consent of the owner”
the element of ‘with intent to gain’
what is the standard in determining an incriminating question ?
it is incriminating if a question seeks to ilicit a fact or information or admission that establishes not the entire crime an element of a crime.
one element. NOT GUILT BUT ELEMENT
the responsible of the lawyer is to point out
ELEMENT OF COMPELLED
when is a testimony compelled?
- when a person is asked to answer by virtue of a duty of law [or]
- by virtue of a sworn declaration
note
- both are in proceedings not necessarily in court
- by vrtue a duty of law
duty as witness, resource person, as expert witness and asked to answer, that is compulsion
- by virtue of a sworn declaration
all witnesses, they all recite a sworn declaration.
“please swear in the witness”
‘swear by the truth, nothing but the truth ad the whole truth.
tthat is the oath of a witness
what is effect if all elements are present?
there is TESTIMONY, it is INCRIMINATING, it is COMPELLED?
then the right APPLIES (
note
apply and invoke is different
