Evidence

Self-Incrimination

Fifth Amendment to the United States Constitution

No person . . . shall be compelled in any criminal case to be a witness against himself

The Fifth Amendment right against self-incrimination is implicated when the evidence is:

1. Used for criminal liability against the declarant
2. Testimonial
   • Forcing one to disclose the contents of his mind
3. Compelled by the government
   • Business records are ordinarily not compelled by the government.
     • It can be though if the government cannot describe the incriminating documents with reasonable particularity. United States v. Hubbell.
   • Required Records

     The Fifth Amendment protection against self-incrimination does not apply to required records.

     For the required-records doctrine to apply:

     1. The purpose of the regulatory scheme must be essentially regulatory.
     2. The records must be of a kind customarily kept.
     3. The records must have acquired "public aspects."