What are the rules of self-incrimination in criminal cases?
In Washington, the rules of self-incrimination in criminal cases are part of the Fifth Amendment of the U.S. Constitution, which states, "No person shall be compelled in any criminal case to be a witness against himself." In other words, when someone is charged with a crime they have the right to remain silent and not testify against themselves. In a criminal case, self-incrimination applies to verbal statements made by an accused and to physical evidence, like handwriting samples. If a defendant chooses to speak, the prosecution cannot use their statements against them at trial and the jury cannot consider them when deciding if the defendant is guilty of the crime. The prosecution can use any evidence it has against the defendant that was found other than through self-incrimination. For example, if the police find drugs on a defendant simply because they were observed in plain view, the prosecution can use that as evidence against the defendant at trial. When a defendant chooses to remain silent, he or she cannot be forced to answer any questions and may refuse to give any information that could potentially incriminate them. All defendants charged with a crime have the right to remain silent and to be represented by an attorney.
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