Self-incrimination

Self-incrimination the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.

The Fifth Amendment to the United States Constitution protects witnesses from being forced to incriminate themselves. The privilege against self-incrimination is "[t]he privilege derived from the Fifth Amendment, U.S. Const., and similar provisions in the constitutions of states....[that] requires the government to prove a criminal case against the defendant without the aid of the defendant as a witness against himself....". To "plead the Fifth" is to refuse to answer a question because the response could form self incriminating evidence. Historically, the legal protection against self-incrimination is directly related to the question of torture for extracting information and confessions.

In Miranda v. Arizona, the United States Supreme Court ruled that the Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. Justice Robert H. Jackson further notes that "any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances."

Miranda warnings must be given before there is any "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." The suspect must be warned, prior to the interrogation, that he/she has the right to remain silent, that anything he/she says may be used against him/her in a court of law, that he/she has the right to the presence of an attorney, and that, if he/she cannot afford an attorney, one will be appointed for him/her. Further, only after such warnings are given and understood, may the individual knowingly waive them and agree to answer questions or make a statement.