Define the historic phrase "witness against himself.". Give examples of the types of things that are included and not included within the definition

Question

What will be an ideal response?

Answer 1

The Fifth Amendment provides that, in a criminal case, a person cannot be compelled to be a "witness against himself.". This essentially means that the government cannot force someone to give evidence of a testimonial or a communicative nature. Testimony is the content of things a person says or writes. However, the government can compel citizens to provide other information. When this information is not testimonial or communicative but is, rather, of a physical nature or a communication that the person has voluntarily put in writing, obtaining it does not violate the Fifth Amendment. Thus, the following types of incriminating evidence would not be protected by the Fifth Amendment: handwriting samples, weapons, photographs, lineup appearances, voice samples, blood samples, and documents required to be kept by law or voluntarily created.
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