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Criminal Procedure • 5th Amendment
CRIMPRO#059
Legal Definition
The right against compelled testimony may be eliminated where (1) a witness is granted immunity from prosecution, (2) there is no possibility of incrimination (e.g., the statute of limitations has run), or (3) the defendant takes the stand and waives it.
Plain English Explanation
The whole point of the 5th Amendment privilege against self-incrimination is to prevent the government from forcing someone to assist in their own punishment. Thus, if a person is given immunity from punishment, there is no longer a risk of self-incrimination. In other words, if you are given immunity for certain crimes, then you can be forced to testify about them, even if doing so exposes the fact that you did in fact commit or participate in those crimes. Similarly, the 5th Amendment doesn't apply if there is no longer a possibility of being incriminated. For example, if someone commits a crime that has a 5 year statute of limitation, then after 5 years they can be compelled to talk about it since there is no longer a risk of punishment. And, finally, like most privileges, a person is always free to waive their right. When it comes to the 5th Amendment, waiver is as simple as choosing to take the stand and speak while under oath.
Related Concepts
In assessing double jeopardy, when do two crimes constitute the same offense?
Under what circumstances may a defendant be retried?
What limitations does the 5th Amendment place on the prosecutor's comments?
When and how may a defendant assert their 5th Amendment Right Against Compelled Testimony?
When does jeopardy attach, and what prevents double jeopardy?
