Running head: FIFTH AMENDMENT1Fifth AmendmentNameInstitution2FIFTH AMENDMENTAbstractThe privilege against self-incrimination means that a person is under no obligation toprovide testimony under oath if testifying may lead implications against the witness. One mustclaim the privileges against self-incrimination to benefit from it because the issue is a matter oflaw that must be determined by the court .The person claiming the privilege must have sufficientand reasonable to be granted the privileges. Refusal to communicate during questioning may notbe sufficient to invoke the privileged because it may provide small opportunity to decide whetherthe information withheld is under the privilege against self-incrimination. A person who does notclaim the privilege against self-incrimination when a claim is required is said to have waved it.The privilege can only be denied if the court is clear that based on careful consideration of allcircumstances, the individual does not qualify for the privilege. If the government wants toprosecute a person who was compelled to testify, then it must prove that the evidence to be usedis derived from legitimate sources that were entirely independent of forced testimony. The failureto meet this requirement suggests that prosecution has in one way or the other benefited fromcompelled evidence and placed the suspect in a worse situation that he would have been beforebeing forced.3FIFTH AMENDMENTFifth AmendmentThe Fif ...
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