The pros and cons of self incrimination that you should know.
CHAMAN LAW FIRM
3/4/2022 1 min read
WHAT ARE THE PROS AND CONS OF SELF-INCRIMINATION?
In law, Self-incrimination is the giving of evidence that might tend to expose the witness to punishment for crime. Self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another person in a criminal prosecution or the danger thereof". Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.
In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. The term is generally used in relation to the privilege of refusing to give such evidence.
1. It gives you time to collect your thoughts and keeps you immune from stressful and unlawful police questioning during your arrest.
2. In criminal cases, it guarantees the right to a grand jury, forbids “double jeopardy,” and protects one against landing him into trouble.
3. A defendant in a criminal trial may not testify at all during the trial and that might reduce the risk that incriminating evidence will come to light.
1. It could be seen as a silent admission of guilt by jurors and judges. Although they are not supposed to take your silence to mean this, it is an assumption many people naturally make when someone absolutely refuses to talk about an incident.
2. It will preclude you from presenting any testimony that could exonerate you.