Privilege Against Self Incrimination Law & Legal Definition
The privilege against self incrimination refers to declining to make statements or produce evidence which tends to prove that one is guilty of a crime. The 5th Amendment to the U.S. Constitution, which is applied to state cases under the 14th Amendment, guarantees that one cannot "be compelled in any criminal case to be a witness against himself…" Therefore, when a person "takes the Fifth", they are refusing to testify in court on the basis that the testimony may be self-incriminating.
A person may choose, with certain restrictions, to “take the Fifth,” refusing to testify in court or before a legislative or executive committee. Prohibiting self-incrimination not only helps guarantee due process of law, but also maintains one of the basic principles of American law by putting the burden of proof on the prosecution. The privilege against self-incrimination is a personal one. It applies to individual persons only. A corporation cannot "plead the Fifth" in order to keep quiet. Also, it only applies in criminal cases. A witness cannot keep silent or withhold information in civil proceedings.
Legal Definitions
Search Definitions
Get a Term Defined
- Request a legal definition! Submit a term you need defined.
- » Request Legal Definition
Submit a Definition
- Submit a Definition Help us build our database. Free listings for attorneys.
- » Submit a Definition
Help Build USLegal
- Join our Team and help build USLegal. Many opportunities for participation so Join our Network.
Build USLegal
Read a Law Digest
- Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
Go to Law Digest
Form Packages
- Select from our most popular legal form packages.
- » Bankruptcy
- » Contract for Deed
- » Divorce
- » Employment Packages
- » Home Sales
- » Incorporation
- » LLC Formation
- » Landlord Tenant
- » Mutual Wills
- » Name Change
- » Personal Planning
- » Partnerships
- » View All Packages
Legal Life
- Organize your legal life today! View our free online guide to creating a Life Documents File and related products.
- » Life Documents File
- » Personal Planning Package
- » Life Documents Packages
- » New Parents
- » Newlyweds
- » Baby Boomers
- » Military
- » Other
Form Drafting
- Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
Submit a drafting request...
