A defendant's constitutional right to be free from compelled testimonial self-incrimination not only bars the prosecution from calling him/her as a witness at the trial of a criminal case against him/her,but also bars the plaintiff from calling him/her as a witness at the trial of a civil case against him/her.

Question

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The Fifth Amendment protects against compelled testimonial self-incrimination by establishing that "[n]o person … shall be compelled in any criminal case to be a witness against himself." This provision prevents the government from coercing a defendant into making incriminating statements and thereby assisting in his/her own prosecution.The Fifth Amendment does give protection to individuals in a civil case.

A Defendant's Constitutional Right to Be Free from Compelled Testimonial