Stein, Alex --- "Self-incrimination" [2012] ELECD 102; in Sanchirico, William Chris (ed), "Procedural Law and Economics" (Edward Elgar Publishing, 2012)

Book Title: Procedural Law and Economics

Editor(s): Sanchirico, William Chris

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208248

Section: Chapter 14

Section Title: Self-incrimination

Author(s): Stein, Alex

Number of pages: 20

Extract:

14 Self-incrimination
Alex Stein


1. Introduction
The Fifth Amendment to the United States Constitution provides that
"nor shall [a person] be compelled in any criminal case to be a witness
against himself."
This provision is widely known as the privilege against self-incrimination
or the right to silence. The right to silence incorporates four basic rules. As
a general matter, a person who receives a subpoena or other lawful request
to provide information to an authorized tribunal or agency, such as a court
or the police, but refuses to do so, is guilty of contempt or a similar crime
punishable by fine or imprisonment. The person, however, is exempted
from the duty to comply with such a request when his compliance might
reveal information exposing him to a prospect of criminal prosecution
and conviction. Second, factfinders may not draw any adverse inferences
from a criminal defendant's refusal to testify in his defense or answer
questions during police interrogation. Third, when the police or other law-
enforcement agency elicits an involuntary confession from a suspect, the
confession cannot be admitted into evidence and the trial judge must sup-
press it. Coercive interrogation of a suspect renders the ensuing confession
involuntary and inadmissible.1 Furthermore, a suspect's confession will be
deemed involuntary as a matter of law ­ and, consequently, inadmissible
­ when the police deprive him of his Miranda rights at custodial interroga-
tion. Under Miranda, the police must tell the suspect at the beginning of
his interrogation that he ...