Self-Incrimination

                The topic of discussion for this Constitution Monday comes from the Fifth Amendment to the U.S. Constitution:  “No person … shall be compelled in any criminal case to be a witness against himself….”  This provision guarantees that any accused person will be forced to be a witness against himself.

                W. Cleon Skousen explained that “a person may waive the privilege and, if the statute of limitations bars prosecution for the crime, he can be compelled to answer since he cannot be prosecuted for what he discloses.  It has also been held that he cannot claim protection under the Fifth Amendment if he has been pardoned, for that prevents prosecution of the crime in question….”  (See The Making of America – The Substance and Meaning of the Constitution, p. 705.)