By: Undisputed Legal/Court Service Department
1. No person shall be compelled in any criminal case to be a witness against him/herself. (Fifth Amendment, U.S. Constitution)
- Right must be asserted to take effect.
- Provision prevents the defendant from being called as a witness for the prosecution in a criminal case.
- Provision prevents the prosecution or any witness from commenting upon the defendant’s failure to take the stand or to answer questions.
- Limited to testimonial evidence (oral or written).