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privilege against self-incrimination

privilege against self-incrimination

1 8.5
The right to refuse to answer questions that could make you look guilty in court
  • noun
  • /ˈprɪvɪlɪdʒ əˈɡɛnst sɛlf ɪnˈkrɪmɪneɪʃən/
  • Specialized
translation icon : privilegio contra la autoincriminación
  • In addition, a witness before a grand jury who is a criminal suspect must be advised of his or her constitutional privilege against self-incrimination.
  • Fifth Amendment privilege against self-incrimination
  • constitutional privilege against self-incrimination

Examples

  • Then it tells us on the third page that the Court granted certiorari "in order further to explore some facets of the problems of applying the privilege against self-incrimination to in-custody interrogation and to give concrete constitutional guidelines for law enforcement agencies and courts to follow."

    Academic text (2001)
  • This warning would alert the person both to the possibility of criminal charges and to the privilege against self-incrimination.

    Academic text (2003)
  • If a person exercises his or her Sixth Amendment privilege against self-incrimination and refuses to answer questions, then that refusal cannot be mentioned at a trial.

    Academic text (2003)
  • First amendment, privacy of the home, third amendment, privacy of the person, fourth and fifth, privilege against self-incrimination, but nowhere does it say, "You have the inalienable right to privacy."

  • Congress did not completely abandon the central holding of Miranda, i.e., the four warnings are important safeguards in protecting the Fifth Amendment privilege against self-incrimination.

    Academic text (2001)
  • During the court case, the defendant decided to exercise his privilege against self-incrimination by remaining silent when questioned.

  • A witness must be informed of their privilege against self-incrimination before being asked potentially dangerous questions.

  • The attorney advised her client to use the privilege against self-incrimination to avoid answering questions that could damage his case.

Synonyms

freedom from self-incrimination
vsprivilege against self-incrimination
  • Formal
7.1

The right to refuse to answer questions that could show you committed a crime

is an alternative formal label used for the same legal right

Antonyms

258 4.8

Force someone to do something or make them feel they must

Surface Forms

Morphology

privilege + against + self-incrimination

The phrase is largely compositional: 'privilege' (a legal right) + 'against' (protecting from) + 'self-incrimination' (making oneself appear guilty) together yield the right to refuse to give information that would incriminate oneself. However, this is a specialized legal formulation and the key constituent 'self-incrimination' is complex and likely unfamiliar to B1 learners, so the meaning is only partially predictable without prior exposure.

Etymology

Privilege against self-incrimination comes from the simple idea that a person has a special right — a privilege — not to give answers that cause self-incrimination, that is, 'make them look guilty'. So in court someone can 'refuse' to answer questions to avoid 'admitting guilt'.