ABSTRACT

The chapter presents the Fifth Amendment privilege against self-incrimination and the original intent of the Framers. The material discusses the alterations based on the selective incorporation doctrine applying the Fifth Amendment to the states. Assertion and waiver of the privilege, along with concepts of prosecutorial immunity and related effects on self-incrimination, receive appropriate treatment. Confessions, both voluntary and involuntary, and their different outcomes are presented, along with considerations of the use of otherwise voluntary confessions taken in violation of Miranda warnings.