The Fifth Amendment protects citizens from involuntary self-incrimination. Discuss the application of this constitutional protection in the following areas: a statement made by a defendant in custody prior to receiving Miranda warnings when the police
intentionally, rather than mistakenly, delayed in providing the warnings; a blood sample given by a defendant; a handwriting sample given a defendant; required participation in a lineup. Explain transactional and use immunity. How does each affect a person's right not to testify under oath? Discuss fully.
The Fifth Amendment is violated if a statement is obtained by a defendant in custody who has intentionally not been informed of his or her rights. Because blood samples, handwriting samples, and required participation in lineups are not considered testimonial evidence, Fifth Amendment protections do not apply. Use immunity prohibits the testimony of the witness from being used against him or her in any way. Transactional immunity, which is broader, prohibits any criminal prosecution of the witness that relates to any matter discussed in his or her testimony.
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