Legal Definitions - privilege against self incrimina-tion

The privilege against self-incrimination is a legal right that allows a person to refuse to testify against themselves in a criminal prosecution or any legal proceeding that might be used against them. This right is guaranteed by the Fifth Amendment to the Constitution, which states that "No person...shall be compelled in any criminal case to be a witness against himself...".

For example, if a person is on trial for a crime and is asked a question that might incriminate them, they can refuse to answer by saying "I refuse to answer on the ground it may tend to incriminate me". This is commonly referred to as "taking the Fifth".

Another example is when a person is being questioned by the police during an investigation. If they believe that answering a question might incriminate them, they can choose to remain silent and not answer the question.

The privilege against self-incrimination is an important right that helps protect individuals from being forced to provide evidence that could be used against them in a criminal case. It is a fundamental part of the American legal system and is designed to ensure that individuals are not unfairly prosecuted or punished.