ABSTRACT

There are four privileges that you ought to study. The first is the privilege against self-incrimination. One theoretical topic that could come up as an essay question is whether such a privilege should exist at all. You should note that this is not the same question as whether the accused should have a right to silence. Some writers do refer to ‘the privilege against self-incrimination’ in the broad sense of a ‘right to silence’, but this is confusing and it will be better if you keep the two ideas distinct.