Explore BrainMass

Waiver of Privilege Against Self-Incrimination

Discuss and provide examples pertaining to the waiver of privilege against self-incrimination.

Solution Preview

A student should be able to write an essay with the theoretical foundation and case law provided below. Thank you and good luck.

1. A witness may waive the privilege against self-incrimination in two ways: voluntarily or unwittingly.
In order to have the 5th amendment protection against self-incrimination, a witness must affirmatively invoke the privilege. The 4th circuit court in United States v. Penrod held that the failure to invoke the privilege "forecloses him from invoking [it]." (FN1)

2. If an individual voluntarily provides general information that are incriminating, the individual can not invoke the privilege so as not to reveal more details. (FN2) The exception to this general rule is if it "would subject [the witness] to a 'real danger' of further incrimination. . . ." (FN3)

3. The Second Circuit Court of Appeals held that "[t]he ...

Solution Summary

This solution of over 500 words that provides the theoretical foundation for a student to write an essay regarding the waiver of privilege against self-incrimination. There is case law cited and sources noted.