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تسجيل

Self-incrimination

المؤلف:  Max M. Houck، Jay A. Siegel

المصدر:  Fundamentals of Forensic Science

الجزء والصفحة:  626

2026-09-08

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Self-incrimination

A portion of the Fifth Amendment of the United States Constitution reads in part:

Statements made by a suspect confessing to all or part of a crime, and later used against that suspect to prove guilt, constitute self-incrimination. Self-incrimination is not prohibited. Only compelled self-incrimination falls within the scope of the Fifth Amendment. Self-incrimination is allowed subject to certain limitations. It applies to both the verbal and written statements of a suspect. The protection of objects, property, personal papers and effect, and so forth is the subject of the Fourth Amend ment. The Fifth Amendment also contains the so-called Due Process Clause. This protects people against outrageous government behavior, such as the case where a person’s stomach is pumped to get to illicit drugs. Obtaining exemplars of hair, blood, etc., can constitute a seizure requiring a warrant under the Fourth Amend ment, however, evidence of this nature does not constitute “incrimination” that falls within the scope of the Fifth Amendment. The Supreme Court has also ruled that, when a person is lawfully arrested, they may be photographed and their fingerprints taken without a warrant and this would not be a violation according to the Fourth or Fifth Amendments.