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What landmark Supreme Court case established the privilege against self-incrimination and its basis in the Fifth Amendment?
The privilege against self-incrimination is rooted in the Fifth Amendment, which states that no person "shall be compelled in any criminal case to be a witness against himself."
The landmark Supreme Court case that established this privilege is Miranda v.
Arizona (1966), which held that suspects have the right to remain silent during police interrogations.
The Miranda decision was a 5-4 ruling, with the majority opinion written by Chief Justice Earl Warren.
The case involved Ernesto Miranda, who was arrested and interrogated by police in Arizona without being informed of his rights, leading to a false confession.
Prior to Miranda, the Supreme Court had established the privilege against self-incrimination in the case of Twining v.
New Jersey (1908).
The Fifth Amendment's self-incrimination clause was originally intended to protect against torture and forced confessions.
The concept of self-incrimination dates back to ancient Greece and Rome, where suspects were protected from being forced to testify against themselves.
The Fifth Amendment's privilege against self-incrimination only applies to criminal cases, not civil cases.
The Miranda decision led to the famous "Miranda warning," which police must recite to suspects before interrogations, informing them of their rights, including the right to remain silent.
The Miranda warning is not a constitutional requirement, but rather a procedural safeguard to ensure that suspects are aware of their rights.
The privilege against self-incrimination is not absolute; it can be waived if a suspect voluntarily chooses to speak with police without being coerced.
The Supreme Court has expanded the privilege against self-incrimination to include the right to counsel during police interrogations (Escobedo v.
Illinois, 1964).
The Fifth Amendment's privilege against self-incrimination only applies to testimonial evidence, not physical evidence, such as DNA or fingerprints.
The Supreme Court has recognized exceptions to the privilege against self-incrimination, such as when a suspect makes a voluntary statement to a private citizen (not a police officer).
The privilege against self-incrimination is not limited to American citizens; it applies to all persons within the United States, including foreign nationals and undocumented immigrants.
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