Where results make sense

About us   |   Why use us?   |   Reviews   |   PR   |   Contact us

Topic: Self-incrimination

    Note: these results are not from the primary (high quality) database.

Ads by Google

In the News (Sat 26 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

Self-incrimination - Wikipedia, the free encyclopedia Self-incrimination is the act of accusing one's self of a crime for which a person can then be prosecuted. The Fifth Amendment protects witnesses from being forced to incriminate themselves, and applies wherever and whenever an individual is compelled to testify. It has been suggested that this article or section be merged with Right to silence. en.wikipedia.org /wiki/Self-incrimination   (747 words)

Article 22. Self incrimination. Incrimination is fully completed when verdict of guilty is rendered, either by way of trial or by accepting a plea of guilty, and the privilege ceases to exist. The exercise of one man's constitutional right not to incriminate himself cannot enable an accused to escape conviction on the ground that he was deprived of due process by loss of the testimony of him who would not speak. Risk of incrimination terminates at moment sentence is pronounced and the judgment thereby becomes final. www.elections.state.md.us /citizens/law/mdr22/mdr_22.htm   (6381 words)

1995scr1_0451.txt The s. 7 principle against self-incrimination that is fundamental to justice requires protection against the use of compelled evidence which tends to establish the accused's guilt on the basis of the latter grounds, but not the former. Both the common law and the Charter draw a fundamental distinction between incriminating evidence and self-incriminating evidence: the former is evidence which tends to establish the accused's guilt, while the latter is evidence which tends to establish the accused's guilt by his own admission, or based upon his own communication. To the extent that state compulsion may elicit incriminating communications or communicative behaviour from an individual even though not in the context of formal proceedings, this fundamental protection is rounded out by the recognition of a residual right to silence in s. 7. www.lexum.umontreal.ca /csc-scc/en/pub/1995/vol1/texte/1995scr1_0451.txt   (20593 words)

FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code If, for example, the Government tries to prosecute someone who was compelled to incriminate himself under a grant of immunity, the requirement that the prosecution launder its case would satisfy the Self-Incrimination Clause. The controlling fact [is] whether the witness is compelled to testify by a government whose law grants to him the right not to incriminate himself." Brief for Appellant at 14. Defendants incriminated by popular report of an inquest could still obtain an acquittal through the successful performance of an ordeal or an oath, but, as discussed above, these methods of proof effectively compelled defendants to be witnesses against themselves by placing on them the burden of proving their innocence. laws.lp.findlaw.com /11th/933291ma3.html   (17262 words)

Right to silence - Wikipedia, the free encyclopedia from being compelled on pain of punishment to answer questions the answers to which may incriminate them. en.wikipedia.org /wiki/Right_against_self-incrimination   (2109 words)

FindLaw Constitutional Law Center: U.S. Constitution: Fifth Amendment: Annotations pg. 7 of 16 The obligation to testify is not relieved by this clause, if, regardless of whether incriminating answers are given, a prosecution is precluded,199 or if the result of the answers is not incrimination, but rather harm to reputation or exposure to infamy or disgrace. In Murphy, the Court went on to explain that ''a State may validly insist on answers to even incriminating questions and hence sensibly administer its probation system, as long as it recognizes that the required answers may not be used in a criminal proceeding and thus eliminates the threat of incrimination. The protection is against ''compulsory'' incrimination, and traditionally the Court has treated within the clause only those compulsions which arise from legally enforceable obligations, culminating in imprisonment for refusal to testify or to produce documents. supreme.lp.findlaw.com /constitution/amendment05/07.html   (4132 words)

Indymedia Birmingham, UK THE PRIVILIGE AGAINST SELF-INCRIMINATION Also, the co-accused can incriminate the accused even though the accused may have chosen to exercise his right to silence and this mixed statement is allowed in the UK to be put in evidence in its entirety, thus prejudicing the defendant. Problems of interpretation have arisen over the underlying rationale of the privilege, whether its prime rationale is privacy, in protecting an area in which the state cannot intrude, or autonomy, embodying the recognition of human dignity, which is balanced against the state’s interest in crime control and law enforcement. Incriminating statements had been made to the police, before he had received his Miranda warning. www.indymedia.org.uk /en/regions/birmingham/2005/09/323584.html   (11431 words)

Amaral.and.Veiga.html Incriminating statements made by a suspect at the preliminary examination or even at arraignment could always be used with devastating effect at his trial. It permitted torture only for the purpose of incriminating others, and then only after the victim had been convicted in a case where it was obvious that he had had confederates. Thus, the defendant was not only locked up, denied the assistance of counsel in preparing and presenting his defense, and restricted in obtaining defense witnesses, he was also given no precise statement of the charges against him until he stood before the court at the moment of his trial. www.gwu.edu /~ibi/minerva/Fall1998/Amaral.and.Veiga.html   (16747 words)

Rule 31. Witnesses -- Privilege Against Self-Incrimination If a person other than a party is called as a witness in the juvenile court and it appears to the court that the testimony or other evidence being sought may tend to incriminate the witness, the court shall advise the witness of the privilege against self-incrimination and of the possible consequences of testifying. www.state.tn.us /tccy/tnchild/G1/G_1_CH_III_R_31.htm   (54 words)

138 Wn.2d 227, CITY OF SEATTLE v. STALSBROTEN The Fifth Amendment privilege against self-incrimination protects an accused from being compelled by the State to provide incriminating evidence only if the evidence is testimonial in nature. Unlike the objective evidence produced by the test itself, evidence of a defendant's refusal to take an FST is relevant to the prosecution's case in chief precisely because it communicates the thoughts and beliefs of the defendant. Muniz, 496 U.S. at 593 (holding that requesting defendant to state the date of his sixth birthday required a testimonial response because "the incriminating inference of mental confusion is drawn from a testimonial act" as much as from its physical delivery). www.mrsc.org /mc/courts/supreme/138wn2d/138wn2d0227.htm   (6181 words)

A-97-449.htm Because the juvenile court improperly terminated Suzette's parental rights solely for refusing to waive her right to be free from self-incrimination, we reverse, and remand to the court to enter an order denying the guardian ad litem's motion to terminate Suzette's parental rights. The record in the present case indicates, however, that termination of Suzette's parental rights was pled and obtained solely on the basis of her refusal to incriminate herself by acknowledging to a Parents United counselor that she had had prior sexual contact with her children. However, the court held that a trial court may compel the parents to undergo "effective" treatment and recognized that it may be difficult for the parents to demonstrate that any treatment has been effective if it does not involve fully disclosing their prior actions. www.nol.org /home/ncpa/ctopinio/A-97-449.htm   (8843 words)

The CPS : Privilege Against Self-Incrimination in Civil Proceedings Therefore, on occasions, a request is made for The CPS to undertake not to prosecute such a defendant as a result of the defendant producing material which tends to incriminate him or her. A defendant in civil proceedings is entitled to refuse to produce any documents which might tend to incriminate him or her, i.e. The order, if granted, would direct the defendant to disclose documents which the plaintiff believes may support his or her claim. www.cps.gov.uk /legal/section13/chapter_s.html   (841 words)

Juvenile has privilege against self-incrimination in interview for dispositional social history report (00-3-02) Because the trial court considered these incriminating statements in making the decision to commit J.S.S. to T.Y.C. rather than place him in the Mexican National Children's Program, we find that J.S.S.'s Fifth Amendment privilege against self-incrimination was violated by the use of this information against him during the disposition hearing. Section 54.04 does not expressly provide that a juvenile is not afforded the Fifth Amendment privilege against self- incrimination during the disposition hearing. The same statute expressly provides that the child need not be a witness against nor otherwise incriminate himself, and it prohibits the admission of an extrajudicial statement by the child obtained in contravention of the Juvenile Justice Code or the state and federal constitutions. www.tjpc.state.tx.us /publications/reviews/00/00-3-02.htm   (4206 words)

PRIVILEGE AGAINST SELF INCRIMINATION IN THE PRODUCTION OF DOCUMENTS The Court observed that while the phrase “in any criminal case” in the text of the Fifth Amendment might have been read to limit the privilege to compelled testimony that is used in the trial itself. It quoted Swift’s Digest, which held that a witness was not required to produce a writing in evidence if it would incriminate him, expose him to a penalty, or forfeiture, or subject him to a civil action. Based on the legal historical background and the phrasing of the constitutional privilege, the court held that the defendants could not be compelled to produce books and records, contents of which may incriminate them. www.cga.ct.gov /2004/rpt/2004-R-0325.htm   (3604 words)

Self Incrimination I do not agree with government thinking and I believe any such belief is wrong as the production of key material could be considered as self- incrimination. On 5 Jul 00, at 12:59, Brian Gladman wrote: > My understanding is that the government asserts that production of key > material is not "self incrimination". Despite its content, it should be protected and whatever your passphrase is, should not make any difference in law. www.chiark.greenend.org.uk /pipermail/ukcrypto/2000-July/011592.html   (151 words)

Miranda Law and Self-Incrimination Silence, manipulation, "guilt trips", and any other tricks by interrogators designed to elicit a spontaneous incrimination are the functional equivalent of an interrogation. 2 - Preventing foolish people from incriminating themselves is the only purpose of Miranda, and that is a far cry from what the Fifth Amendment requires in terms of protecting someone from being compelled to incriminate themself. If, for example, two police officers talk out loud to themselves in front of a suspect with the intent of being overheard and eliciting a "Hey, wait a minute" response from the suspect, this is the functional equivalent of an interrogation. faculty.ncwc.edu /toconnor/miranda.htm   (3840 words)

Section 40-112 Compelling self-incrimination prohibite No person subject to sections 40.005 to 40.490 shall compel any person to incriminate himself or to answer any question, the answer to which may tend to incriminate the person. No person subject to sections 40.005 to 40.490 shall compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person. www.moga.state.mo.us /statutes/C000-099/0400000112.HTM   (144 words)

Criminal Appeal: Self-Incrimination The court held that in a proceeding to determine whether the commitment of a person found not guilty by reason of insanity should be extended, the privilege against self-incrimination bars the district attorney from calling the defendant in the prosecution's case-in-chief, "even if what is said on the witness stand is not per se incriminating." A person's identity obviously bears informational and incriminating worth, "even if the [name] itself is not inculpatory." [Citation]. A name can provide the key to a broad array of information about the person, particularly in the hands of a police officer with access to a range of law enforcement databases. www.crimblawg.com /selfincrimination   (723 words)

Escobedo v. Illinois (1964) [615] Justice Goldberg, in his majority opinion, spoke for the first time of "an absolute right to remain silent." Escobedo had not been adequately informed of his consitutitonal right to remain silent rather than to be forced to incriminate himself. The case has lost authority as precedent as the arguments in police interrogation and confession cases have shifted from the Sixth Amendment to the Fifth Amendment, emphasizing whether the appropriate warnings have been given and given correctly, and whether the right to remain silent has been waived. Was Escobedo denied the right to counsel as guaranteed by the Sixth Amendment? www.oyez.org /oyez/resource/case/113   (133 words)

CASES -- Self-Incrimination Cromwell invites a contrary inference from the chronology of certain events: (1) that the Rule 8210 demands followed shortly after individual appellants contested grand jury subpoenas; and (2) that the DOE refused to delay the Rule 8210 interviews until after completion of the Eastern District's criminal investigation. The preliminary injunction hearing was consolidated with the trial on the merits (over Cromwell's objection) after the district court heard testimony from witnesses for both Cromwell and NASD, and before the rendering of the decision. The district court found that the DOE and the authorities pursued similar evidentiary trails because their independent *163 investigations were proceeding in the same direction: the possibly improper trading in Pallet. www.bloomt-hal.com /chapter6/cases.htm   (6627 words)

Crypto and Self-Incrimination FAQ Although the privilege against self-incrimination is usually defined quite broadly ("not contribute to incriminating one-self"), the scope of the privilege is limited. It says that a suspect cannot be forced to incriminate himself or to yield evidence against himself. The "autonomous meaning" of the term "criminal charge" means that the European Court does not only look at the classification of the alleged offence in a nation's law (criminal or otherwise), but also at the nature of the offence and the nature of the penalty threatened. rechten.uvt.nl /koops/casi-faq.htm   (3962 words)

Jung Talk - Shadow Projection Self-incrimination In terms of my own projections in international politics, any country or religion or political group unwilling to accept the basic five freedoms of speech, press, religion, association and freedom for labor unions is a country at war with the Self and the course of history. Is it, perchance, someone who jumps over his own shadow in order to hurl himself avidly on some idealistic programme that offers him a welcome alibi? In this case it is a governor’s deeply held view on the death penalty and Rule of Florida’s Law versus one unbalanced man’s certainty that he is in touch with God’s Higher Law. www.cgjungpage.org /talk/showthread.php?t=983   (2373 words)

Privilege Against Self-Incrimination To incriminate means, literally, to charge with crime. garylstuart.com /206PrivilegeAgainstSelf-Incrimination.htm   (382 words)

Kevin's English law glossary: self-incrimination Although there are a large number of statutes that allow people to be compelled to provide certain information, many contain a qualification that information thus adduced cannot be used as evidence in a trial (e.g., the Theft Act (1968)). In most cases, a witness may refuse to answer questions on the grounds that the answer would be incriminate him in a criminal offence. www.kevinboone.com /lawglos_self-incrimination.html   (538 words)

Self-Incrimination Law Much of this kind of evidence is incriminating physical evidence: footprints, fingerprints, blood samples, DNA, hair, saliva, breath, voice, removal of a bullet, a diary, and records. U.S. In order for something to be incriminating, it must not just reveal criminal activity, but produce the real likelihood or risk of imprisonment. Likewise, something is compelled only if there is a risk of imprisonment for refusal to testify or produce documents. faculty.ncwc.edu /mstevens/410/410lect21.htm   (1136 words)

Self Incrimination and Cryptographic Keys The Fifth Amendment's privilege against self incrimination was applied to the states through the Fourteenth Amendment in Malloy v. Many seldom-enforced statutes[16] enable one to confess to a crime in one's cryptographic key, thereby triggering potential criminal liability and therefore the protection of the Fifth Amendment,[17] without incurring much risk of prosecution or of social obloquy should the key leak or the Fifth Amendment argument be rejected. {18} The Supreme Court has distinguished between incriminating documents, which may not be protected by the privilege, and the incriminating aspects of producing the documents, from which one may claim Fifth Amendment immunity even if the documents themselves are uncovered. law.richmond.edu /jolt/v2i1/sergienko.html   (10984 words)

Self Incrimination - Free Legal Advice FreeAdvice Forums If the only evidence is heresay of self incrimination, should we pursue an appeal of expulsion for our 15 year old in Public High School. Self Incrimination - Free Legal Advice FreeAdvice Forums She was questioned by a SHeriff's Deputy and subsequently by the vice-principal regarding a pocket knife that was found on the school grounds. forum.freeadvice.com /showthread.php?t=164701   (494 words)

self-incrimination the act of incriminating oneself or exposing oneself to prosecution, esp. by giving evidence or testimony. www.infoplease.com /dictionary/self-incrimination   (33 words)

Self-Incrimination Fifth Amendment Plead the Fifth Questia.com Online Library Amendments privilege against self- incrimination is not an adjunct to the ascertainment... Amendment does not prohibit all self-incrimination but only compelled self... Taking the Fifth: Reconsidering the Origins of the Constitutional Privilege Against Self- Incrimination, in Michigan Law Review questia.com /library/.../constitutional-history/self-incrimination.jsp   (585 words)

The Fifth Amendment, Self-Incrimination, and Gun Registration Consequently, his Fifth Amendment protection against self- incrimination ("No person... If he did register it, as 26 U.S.C. sec.5841 required, he was incriminating himself; but if he did not register it, the government would punish him for possessing an unregistered firearm -- a violation of 26 U.S.C. sec.5851. Haynes further argued that for a convicted felon to register a gun, especially a short-barreled shotgun, was effectively an announcement to the government that he was breaking the law. www.firearmsandliberty.com /cramer.haynes.html   (1465 words)

Try your search on: Qwika (all wikis)

About us   |   Why use us?   |   Reviews   |   Press   |   Contact us   Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.