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RIGHT AGAINST SELF-INCRIMINATION (/lawlibrary/remedial-law/criminal-procedure/572-rightagainst-self-incrimination.html)


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Category: Criminal Procedure (/law-library/remedial-law/criminal-procedure.html)
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WHAT IS THE SCOPE OF THE RIGHT AGAINST SELFINCRIMINATION?


> The right against self-incrimination covers testimonial compulsion only and the compulsion to produce
real or physical evidence using the body of the accused
> Physical or moral compulsion to extort communication

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WITH WHAT KIND OF TESTIMONY OR INSTANCESFindCAN
THE
RIGHT BE INVOKED?
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> It applies to commutative testimony and not mechanical testimony

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> Commutative testimony involves the use of intelligence on the part of the accused or witness.
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Corrorarily, on cases on self-incrimination, the following are permissiblesubstance from
thepeople
body,
morphine from mouth, put on pants, physical exam, wallet, picture taking, etc. The following on the other
hand are not permissiblehandwriting, signature, and similar incidents which
involve the use of intelligence.

SUPPOSE THAT THERE IS A HOLE IN A DOOR TO


WHICH IF IT IS FOUND OUT THAT THE HAND OF THE
ACCUSED FITS THE HOLE, HE IS MOST PROBABLE GUILTY
OF THE ACCUSATION. CAN HE INVOKE THE RIGHT
AGAINST SELF-INCRIMINATION?
> No, what is being asked of him is mechanical in nature.
involve intelligence on his part to fulfill the task.

The inserting of his hand into the hole will not


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IS THERE AN EXCEPTION TO THE RIGHT AGAINST SELFINCRIMINATION?


> The right cannot be invoked when the State has the rights to inspect documents under its police
power, such as documents of corporations.

ON WHAT KIND OF PROCEEDINGS CAN THE RIGHT


AGAINST SELF-INCRIMINATION BE INVOKED?
> The right against self-incrimination can be invoked in all proceedings instituted by the government

WHAT IS THE RATIONALE FOR PROTECTING THE


RIGHT AGAINST SELF-INCRIMINATION?
1. FOR HUMANITARIAN REASONSto prevent the State with all its coercive
powers from extracting
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testimony that may convict the accused
2. FOR PRACTICAL REASONSthe accused is likely to commit perjury if he were compelled to testify
against himself

SUPPOSE THAT X WAS A WITNESS IN A JUDICIAL


PROCEEDING. THE COUNSEL ASKED HIM ABOUT HIS
WHEREABOUTS DURING A CERTAIN DATE. X WAS
ACTUALLY TOGETHER WITH A WOMAN IN A MOTEL
DURING THAT DATE. REVEALING HIS WHEREABOUTS

WOULD RESULT TO A DOMESTIC TURBULENCE. CAN X


RIGHTFULLY INVOKE HIS RIGHT AGAINST SELFINCRIMINATION?
> X cannot invoke the right. He can only invoke the right if there is only a possibility of criminal prosecution
but not in cases of possible embarrassment.

WHO MAY INVOKE THE RIGHT AGAINST SELFINCRIMINATION AND WHEN CAN SUCH PERSON INVOKE
THE RIGHT?
> An ordinary witness may invoke the right but he may only do so as each incriminating question is asked
> The accused himself may invoke the right, but unlike the ordinary witness, he may altogether refuse to take
the witness stand and refuse to answer any and all questions.
> But once the accused waives his right and chooses to testify on his own behalf, he may be crossexamined on matters covered in his direct examination. He cannot refuse to answer questions
during cross-examination by claiming that the answer that he will give could incriminate him for the crime he is
being charged.
> However, if the question during cross-examination relates to a crime different from that which he was
charged, he can still invoke the right and refuse to answer.

CAN AN ACCUSED OR WITNESS INVOKE THE RIGHT


AGAINST SELF-INCRIMINATION IF HE IS ASKED ABOUT
PAST CRIMINALITY?
> It depends
> If he can still be prosecuted for it, questions about the past criminal liability are still covered by the protection
against self-incrimination
> But if he cannot anymore be prosecuted for it anymore, he cannot invoke the right

SUPPOSE X WAS A WITNESS ASKED ABOUT BEING


CHARGED WITH PERJURY TWO YEARS AGO. HE
INVOKES HIS RIGHT AGAINST SELF-INCRIMINATION.
CAN THIS BE TAKEN AGAINST HIM?
> It depends. If in the prior charge of perjury against him, the case has already been terminated through his
acquittal, conviction, or dismissal of the complaint, he couldn't invoke the right anymore.
But if it is the case that he could still be charged with this past criminality, then he could invoke said
right.

SUPPOSE X WAS A WITNESS ASKED ABOUT


BEING A PAID WITNESS IN THE PAST. X REFUSED
TO ANSWER INVOKING THE RIGHT AGAINST SELF-

INCRIMINATION.

CAN THIS BE TAKEN AGAINST X?

> Again, it depends. If he could still be charged for rendering false testimony, then he could invoke the right. If
he cannot anymore be charged for past criminality, then it could not invoke the right.

X ACCUSED WAS ASKED TO BE A HOSTILE WITNESS. HE


REFUSED TO DO SO. CAN THIS BE TAKEN AGAINST X?
> No, X cannot be prejudiced whatsoever as a result of his refusal to be a hostile witness. To prejudice X
as a result of his refusal would render his right against self-incrimination useless and
nugatory.

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