Privilege Against Self-Incrimination

Question 1

Privilege Against Self-Incrimination Rule

Answer 1

1. Authorities cannot compel a person to engage in self-incriminating “testimonial” behavior.
   
   1. testimonial- about your thought process, not bodily conditions/movement

Question 2

Definition of Testimonial Behavior that the Privilege Covers

Answer 2

“testimonial” behavior: an intentional communication of one’s thoughts

Question 3

Testimonial Behavior Rules

Answer 3

1. A person can be compelled to engage in nontestimonial self-incriminating behavior.
   
   1. Giving blood or breath, DUI walks, visual and audio lineup, making D walk to prove he has a limp is not testimonial.
2. Even if in a civil trial, testimonial conduct cannot be compelled

Question 4

Privilege Against Self-Incrimination and Grants of Immunity

Answer 4

• If a person is granted effective immunity, the privilege no longer applies and the person can be compelled to answer.

Question 5

Types of Immunity

Answer 5

• Use Immunity
• Transactional Immunity

Question 6

Use Immunity

(aka co-terminus)

Answer 6

• a prosecutor can’t use anything you tell them against you
• But, they can use other evidence to prosecute you

Question 7

Transactional Immunity

Answer 7

1. A prosecutor can’t use anything you tell them against you, nor can they prosecute you for anything arising from your testimony.
2. Usually only given when a D pleads guilty to something.
3. At discretion of prosecution.
4. Cannot say “I won’t testify unless you give me this”