THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300
Go to Volume 16 Table of Contents  -  Go to Chapter 300 Table of Contents

300.23 Privilege Against Self Incrimination (5th Amendment)

    300.23.1 Privilege Against Self Incrimination: General Principles
    300.23.2 Privilege Against Self Incrimination: Not Applicable To Nontestimonial Evidence
    300.23.3 Privilege Against Self Incrimination: Applicability To Written Communications
    300.23.4 Privilege Against Self Incrimination: Applicability To Handwriting Exemplar
    300.23.5 Privilege Against Self Incrimination: Requiring Defendant To Say The Same Words Uttered By The Culprit Violates Due Process
    300.23.6 Defendant Has Right To Instruction On Privilege Against Self Incrimination Even If Defendant Is Not Present During Trial

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300

PRACTICE NOTE: The 5th Amendment of the United States Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself." (Griffin v. California (1965) 380 US 609, 611 [85 SCt 1229; 14 LEd2d 106].) This prohibition is applicable to both the federal government and the states. (Malloy v. Hogan (1964) 378 US 1, 7 [84 SCt 1489; 12 LEd2d 653].)

    "This privilege against self incrimination has had the greatest significance in the area of criminal procedure; its most obvious application is to allow a defendant in a criminal case a free choice as to whether to take the stand in his defense, although more recently it has been held applicable in other procedural contexts, such as police interrogation. Even more recently, however, the privilege has been recognized as a limitation upon the permissible reach of the substantive criminal law." (LaFave & Scott, Substantive Criminal Law (West, 1986) § 2.14(e); see also Cissell, Federal Criminal Trials (Lexis, 5th ed. 1996) § 19-1.)

    See also NCJIC 303.14.1 [No Adverse Inference As To Penalty From Failure Of Defendant To Testify At Guilt Or Penalty Trial].

    See also NCJIC 36.2.3.5 [No Missing Witness Inference As To Defendant Who Fails To Testify].

See Manual On Recurring Problems In Criminal Trials [Receipt Of Expert Testimony: Requiring Defendant To Display Body Or To Don Clothing: Examples].

See also Manual On Recurring Problems In Criminal Trials [5th Amendment Privilege Against Self Incrimination: General Principles].

See also Manual On Recurring Problems In Criminal Trials [1a. 5th Amendment Privilege Against Self Incrimination: Grounds For Invoking Privilege].

See also Manual On Recurring Problems In Criminal Trials [1b. 5th Amendment Privilege Against Self Incrimination: Corporations And Other Collective Entities Cannot Assert Privilege].

See also Manual On Recurring Problems In Criminal Trials [1c. 5th Amendment Privilege Against Self Incrimination: Sole Proprietor Cannot Claim Privilege For Records Kept As Required By Law].

See also Manual On Recurring Problems In Criminal Trials [1d. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Witness].

See also Manual On Recurring Problems In Criminal Trials [1e. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Testifying Defendant].

See also Manual On Recurring Problems In Criminal Trials [1f. 5th Amendment Privilege Against Self Incrimination: Requiring Defendant To Give Certain Evidence Does Not Violate Privilege].

See also Manual On Recurring Problems In Criminal Trials [1h. 5th Amendment Privilege Against Self Incrimination: Court Should Be Alert To Any Indication That Witness Wishes To Invoke Privilege].

See also Manual On Recurring Problems In Criminal Trials [1i . 5th Amendment Privilege Against Self Incrimination: Trial Court Must Determine Whether Privilege Has Been Properly Invoked].

See also Manual On Recurring Problems In Criminal Trials [1j. 5th Amendment Privilege Against Self Incrimination: Blanket Assertions Of Privilege Are Usually Not Allowed].

See also Manual On Recurring Problems In Criminal Trials [1l. 5th Amendment Privilege Against Self Incrimination: Effect Of Grant Of Immunity].

See also Manual On Recurring Problems In Criminal Trials [1m. 5th Amendment Privilege Against Self Incrimination: Defendant May Or May Not Be Able To Claim Privilege After Pleading Guilty].

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300

    300.23.2    Privilege Against Self Incrimination: Not Applicable To Nontestimonial Evidence

Wharton’s Criminal Procedure (West, 13th ed. 1989) § 345.

See also Manual On Recurring Problems In Criminal Trials [Receipt Of Expert Testimony: Requiring Defendant To Display Body Or To Don Clothing: Examples].

See also Manual On Recurring Problems In Criminal Trials [5th Amendment Privilege Against Self Incrimination: General Principles].

See also Manual On Recurring Problems In Criminal Trials [1a. 5th Amendment Privilege Against Self Incrimination: Grounds For Invoking Privilege].

See also Manual On Recurring Problems In Criminal Trials [1b. 5th Amendment Privilege Against Self Incrimination: Corporations And Other Collective Entities Cannot Assert Privilege].

See also Manual On Recurring Problems In Criminal Trials [1c. 5th Amendment Privilege Against Self Incrimination: Sole Proprietor Cannot Claim Privilege For Records Kept As Required By Law].

See also Manual On Recurring Problems In Criminal Trials [1d. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Witness].

See also Manual On Recurring Problems In Criminal Trials [1e. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Testifying Defendant].

See also Manual On Recurring Problems In Criminal Trials [1f. 5th Amendment Privilege Against Self Incrimination: Requiring Defendant To Give Certain Evidence Does Not Violate Privilege].

See also Manual On Recurring Problems In Criminal Trials [1h. 5th Amendment Privilege Against Self Incrimination: Court Should Be Alert To Any Indication That Witness Wishes To Invoke Privilege].

See also Manual On Recurring Problems In Criminal Trials [1i . 5th Amendment Privilege Against Self Incrimination: Trial Court Must Determine Whether Privilege Has Been Properly Invoked].

See also Manual On Recurring Problems In Criminal Trials [1j. 5th Amendment Privilege Against Self Incrimination: Blanket Assertions Of Privilege Are Usually Not Allowed].

See also Manual On Recurring Problems In Criminal Trials [1l. 5th Amendment Privilege Against Self Incrimination: Effect Of Grant Of Immunity].

See also Manual On Recurring Problems In Criminal Trials [1m. 5th Amendment Privilege Against Self Incrimination: Defendant May Or May Not Be Able To Claim Privilege After Pleading Guilty].

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300

Wharton’s Criminal Procedure (West, 13th ed. 1989) § 347.

See also Manual On Recurring Problems In Criminal Trials [Receipt Of Expert Testimony: Requiring Defendant To Display Body Or To Don Clothing: Examples].

See also Manual On Recurring Problems In Criminal Trials [5th Amendment Privilege Against Self Incrimination: General Principles].

See also Manual On Recurring Problems In Criminal Trials [1a. 5th Amendment Privilege Against Self Incrimination: Grounds For Invoking Privilege].

See also Manual On Recurring Problems In Criminal Trials [1b. 5th Amendment Privilege Against Self Incrimination: Corporations And Other Collective Entities Cannot Assert Privilege].

See also Manual On Recurring Problems In Criminal Trials [1c. 5th Amendment Privilege Against Self Incrimination: Sole Proprietor Cannot Claim Privilege For Records Kept As Required By Law].

See also Manual On Recurring Problems In Criminal Trials [1d. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Witness].

See also Manual On Recurring Problems In Criminal Trials [1e. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Testifying Defendant].

See also Manual On Recurring Problems In Criminal Trials [1f. 5th Amendment Privilege Against Self Incrimination: Requiring Defendant To Give Certain Evidence Does Not Violate Privilege].

See also Manual On Recurring Problems In Criminal Trials [1h. 5th Amendment Privilege Against Self Incrimination: Court Should Be Alert To Any Indication That Witness Wishes To Invoke Privilege].

See also Manual On Recurring Problems In Criminal Trials [1i . 5th Amendment Privilege Against Self Incrimination: Trial Court Must Determine Whether Privilege Has Been Properly Invoked].

See also Manual On Recurring Problems In Criminal Trials [1j. 5th Amendment Privilege Against Self Incrimination: Blanket Assertions Of Privilege Are Usually Not Allowed].

See also Manual On Recurring Problems In Criminal Trials [1l. 5th Amendment Privilege Against Self Incrimination: Effect Of Grant Of Immunity].

See also Manual On Recurring Problems In Criminal Trials [1m. 5th Amendment Privilege Against Self Incrimination: Defendant May Or May Not Be Able To Claim Privilege After Pleading Guilty].

 VOLUME 16 - CHAPTER 300

See also generally NCJIC 34.7 [Refusal To Submit To Blood Alcohol Test].

See also generally, NCJIC 300.23.5 [Privilege Against Self Incrimination: Requiring Defendant To Say The Same Words Uttered By The Culprit Violates Due Process].

RESEARCH NOTES:

See Manual On Recurring Problems In Criminal Trials [Receipt Of Expert Testimony: Requiring Defendant To Display Body Or To Don Clothing: Examples].

See also Manual On Recurring Problems In Criminal Trials [5th Amendment Privilege Against Self Incrimination: General Principles].

See also Manual On Recurring Problems In Criminal Trials [1a. 5th Amendment Privilege Against Self Incrimination: Grounds For Invoking Privilege].

See also Manual On Recurring Problems In Criminal Trials [1b. 5th Amendment Privilege Against Self Incrimination: Corporations And Other Collective Entities Cannot Assert Privilege].

See also Manual On Recurring Problems In Criminal Trials [1c. 5th Amendment Privilege Against Self Incrimination: Sole Proprietor Cannot Claim Privilege For Records Kept As Required By Law].

See also Manual On Recurring Problems In Criminal Trials [1d. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Witness].

See also Manual On Recurring Problems In Criminal Trials [1e. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Testifying Defendant].

See also Manual On Recurring Problems In Criminal Trials [1f. 5th Amendment Privilege Against Self Incrimination: Requiring Defendant To Give Certain Evidence Does Not Violate Privilege].

See also Manual On Recurring Problems In Criminal Trials [1h. 5th Amendment Privilege Against Self Incrimination: Court Should Be Alert To Any Indication That Witness Wishes To Invoke Privilege].

See also Manual On Recurring Problems In Criminal Trials [1i . 5th Amendment Privilege Against Self Incrimination: Trial Court Must Determine Whether Privilege Has Been Properly Invoked].

See also Manual On Recurring Problems In Criminal Trials [1j. 5th Amendment Privilege Against Self Incrimination: Blanket Assertions Of Privilege Are Usually Not Allowed].

See also Manual On Recurring Problems In Criminal Trials [1l. 5th Amendment Privilege Against Self Incrimination: Effect Of Grant Of Immunity].

See also Manual On Recurring Problems In Criminal Trials [1m. 5th Amendment Privilege Against Self Incrimination: Defendant May Or May Not Be Able To Claim Privilege After Pleading Guilty].

VOLUME 16 - CHAPTER 300

PRACTICE NOTE: When the defendant has exercised his or her right not to testify at trial, it is a violation of due process (as well as the privilege against self incrimination), to require the defendant to stand up and say the same words which were said by the bank robber – especially where such a procedure was not intended to allow the witness to identify the defendant by voice. (See U.S. v. Olvera (9th Cir. 1994) 30 F3d 1195, 1196-98; see also People v. Wallace (IL 1991) 568 NE2d 1332, 1342 [requiring codefendant to stand in court, before eyewitness to crime had identified either defendant or codefendant as connected to the crime, was unduly suggestive and undermined probative value of the witness's identification].)

    See generally NCJIC 34.7 [Refusal To Submit To Blood Alcohol Test].

    See also generally, NCJIC 300.23.4 [Privilege Against Self Incrimination: Applicability To Handwriting Exemplar].

See Manual On Recurring Problems In Criminal Trials [Receipt Of Expert Testimony: Requiring Defendant To Display Body Or To Don Clothing: Examples].

See also Manual On Recurring Problems In Criminal Trials [5th Amendment Privilege Against Self Incrimination: General Principles].

See also Manual On Recurring Problems In Criminal Trials [1a. 5th Amendment Privilege Against Self Incrimination: Grounds For Invoking Privilege].

See also Manual On Recurring Problems In Criminal Trials [1b. 5th Amendment Privilege Against Self Incrimination: Corporations And Other Collective Entities Cannot Assert Privilege].

See also Manual On Recurring Problems In Criminal Trials [1c. 5th Amendment Privilege Against Self Incrimination: Sole Proprietor Cannot Claim Privilege For Records Kept As Required By Law].

See also Manual On Recurring Problems In Criminal Trials [1d. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Witness].

See also Manual On Recurring Problems In Criminal Trials [1e. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Testifying Defendant].

See also Manual On Recurring Problems In Criminal Trials [1f. 5th Amendment Privilege Against Self Incrimination: Requiring Defendant To Give Certain Evidence Does Not Violate Privilege].

See also Manual On Recurring Problems In Criminal Trials [1h. 5th Amendment Privilege Against Self Incrimination: Court Should Be Alert To Any Indication That Witness Wishes To Invoke Privilege].

See also Manual On Recurring Problems In Criminal Trials [1i . 5th Amendment Privilege Against Self Incrimination: Trial Court Must Determine Whether Privilege Has Been Properly Invoked].

See also Manual On Recurring Problems In Criminal Trials [1j. 5th Amendment Privilege Against Self Incrimination: Blanket Assertions Of Privilege Are Usually Not Allowed].

See also Manual On Recurring Problems In Criminal Trials [1l. 5th Amendment Privilege Against Self Incrimination: Effect Of Grant Of Immunity].

See also Manual On Recurring Problems In Criminal Trials [1m. 5th Amendment Privilege Against Self Incrimination: Defendant May Or May Not Be Able To Claim Privilege After Pleading Guilty].

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300

    See NCJIC 18.3.5 [Defendant Has Right To Instruction On Privilege Against Self Incrimination Even If Defendant Is Not Present During Trial].

See Manual On Recurring Problems In Criminal Trials [Receipt Of Expert Testimony: Requiring Defendant To Display Body Or To Don Clothing: Examples].

See also Manual On Recurring Problems In Criminal Trials [5th Amendment Privilege Against Self Incrimination: General Principles].

See also Manual On Recurring Problems In Criminal Trials [1a. 5th Amendment Privilege Against Self Incrimination: Grounds For Invoking Privilege].

See also Manual On Recurring Problems In Criminal Trials [1b. 5th Amendment Privilege Against Self Incrimination: Corporations And Other Collective Entities Cannot Assert Privilege].

See also Manual On Recurring Problems In Criminal Trials [1c. 5th Amendment Privilege Against Self Incrimination: Sole Proprietor Cannot Claim Privilege For Records Kept As Required By Law].

See also Manual On Recurring Problems In Criminal Trials [1d. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Witness].

See also Manual On Recurring Problems In Criminal Trials [1e. 5th Amendment Privilege Against Self Incrimination: Waiver Of Privilege By Testifying Defendant].

See also Manual On Recurring Problems In Criminal Trials [1f. 5th Amendment Privilege Against Self Incrimination: Requiring Defendant To Give Certain Evidence Does Not Violate Privilege].

See also Manual On Recurring Problems In Criminal Trials [1h. 5th Amendment Privilege Against Self Incrimination: Court Should Be Alert To Any Indication That Witness Wishes To Invoke Privilege].

See also Manual On Recurring Problems In Criminal Trials [1i . 5th Amendment Privilege Against Self Incrimination: Trial Court Must Determine Whether Privilege Has Been Properly Invoked].

See also Manual On Recurring Problems In Criminal Trials [1j. 5th Amendment Privilege Against Self Incrimination: Blanket Assertions Of Privilege Are Usually Not Allowed].

See also Manual On Recurring Problems In Criminal Trials [1l. 5th Amendment Privilege Against Self Incrimination: Effect Of Grant Of Immunity].

See also Manual On Recurring Problems In Criminal Trials [1m. 5th Amendment Privilege Against Self Incrimination: Defendant May Or May Not Be Able To Claim Privilege After Pleading Guilty].