Incrimination

Question 1

What does it mean for testimony to be incriminating?

Answer 1

This means that the testimony can be used against you in future criminal proceedings.

Question 2

Counselman v. Hitchcock (SCOTUS 1982)

Answer 2

This case held that the 5th amendment does not trigger unless the statement could be used against a person in criminal prosecution. A person does not have a right to silence when it comes to information that could be used against them in a civil trial.