Answer to Question 1
The Fifth Amendment provides that in a criminal case a person can not be compelled
to be a witness against himself.. This essentially means that the government cannot
force someone to give evidence of a testimonial or a communicative nature.
Testimony is the content of what a person says or writes. However the government
can compel citizens to provide other information. When this information is not
testimonial or communicative, but is rather of a physical nature or communications
which the person has voluntarily reduced to writing, obtaining it does not violate the
Fifth Amendment. Thus the following types of incriminating evidence would not be
protected by the Fifth Amendment: handwriting samples, weapons, photographs,
lineup appearances, voice samples, blood samples, and documents required to be
kept by law or voluntarily created.
Answer to Question 2
The three provisions in the U.S. Constitution that govern police interrogations and
confessions are the Due Process clause of the Fourteenth Amendment, the Sixth
Amendment Right to Counsel clause, and the Fifth Amendment Self-Incrimination
clause. (Authors Note: Since the Fifth Amendment also contains a Due Process
clause identical to the Fourteenth Amendment, there are arguably four provisions in
the Constitution that govern police interrogations and confessions. The Fifth
Amendment Due Process clause would only govern in federal cases while the
Fourteenth Amendment Due Process clause would only govern state cases.)
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