Author Question: What is the purpose of the privilege against compulsory self-incrimination? What will be an ideal ... (Read 46 times)

jazziefee · **on:** Aug 17, 2018

What is the purpose of the privilege against compulsory self-incrimination?

What will be an ideal response?

Question 2

Explain the scope of the privilege from self-incrimination which includes four basic parts.

What will be an ideal response?

ktidd · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: The Supreme Courts majority opinion in Miranda v. Arizona stated that the privilege is needed to
prevent the police from extracting false confessions through torture or threats. Another reason stated in
the majority opinion is that it helps maintain a fair stateindividual balance by requiring the
government to shoulder the entire load of proving the defendants guilt.

Answer to Question 2

Answer: First, the compulsion to testify must be by the government. Second, the compulsion to testify is
prohibited only if it forces a person to be a witness against him or herself. Third, the privilege protects
the person from being a witness against him or herself for criminal cases only. Fourth, only testimonial
self-incrimination is protected from compulsion.