Discuss fully the scope of the privilege against self-incrimination. Be sure to provide examples

Question

What will be an ideal response?

Answer 1

The Fifth Amendment of the U.S. Constitution provides that: "No person ...shall be compelled in any criminal case to be a witness against himself. ." This privilege "protects a person against being incriminated by his own compelled testimonial communications." The U.S. Supreme Court has stated that while the Fifth Amendment privilege applies to documents and other material, that is so only if they are in the sole possession of the person invoking the privilege.
The Fifth Amendment privilege against self-incrimination applies only to evidence of a communicative or testimonial nature. It does not apply when only physical evidence is sought and obtained. Thus, the privilege against self-incrimination does not extend to the following circumstances:
• Withdrawing blood and using it as evidence to show that the defendant was driving a vehicle while intoxicated (Schmerber v. California).
• Using a handwriting exemplar, or sample, which was held to be controlled by the Fourth Amendment (Gilbert v. California).19
• Compelling the accused to exhibit his person for observation, as in a lineup or showup (United States v. Wade).
• Making a voice exemplar, or sample (United States v. Dionisio).
• Federal Courts of Appeals have held that no Fifth Amendment violation occurred when, for identification purposes, the defendant was compelled to wear a false goatee (United States v. Hammond), to wear a wig (United States v. Murray),23 to shave for identification purposes (United States v. Valenzuela),24 to put on a stocking mask at trial to permit a witness to testify as to similarity to the masked robber (United States v. Roberts), or to dye her or his hair to the color it was at the time of the offense (United States v. Brown).
• Testimony of a witness that the defendant was compelled to put on a shirt, or other item of clothing, and that the item fit the defendant (Holt v. United States).
• Where immunity has been granted and the person is compelled to testify or agrees to testify as part of a plea agreement. An example of a person agreeing to the grant of immunity is Monica Lewinsky, who received immunity as part of a plea agreement. In the Iran-Contra scandal, Colonel Oliver North
• (a presidential advisor) and Admiral John Poindexter (North's boss) were both granted limited immunity to compel them to answer questions before congressional committees in 1986.