self-incrimination

American  

[self-in-krim-uh-ney-shuhn, self-] / ˈsɛlf ɪnˌkrɪm əˈneɪ ʃən, ˌsɛlf- /

noun

1. the act of incriminating oneself or exposing oneself to prosecution, especially by giving evidence or testimony.

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self-incrimination Cultural  

1. Being forced or coerced to testify against oneself. Self-incrimination is prohibited by the Fifth Amendment to the United States Constitution.

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Prohibiting self-incrimination not only helps guarantee due process of law, but also maintains one of the basic principles of American law by putting the burden of proof on the prosecution. (See also Miranda decision.)

Under this principle, a person may choose (given certain restrictions) to “take the Fifth,” refusing to testify in court or before a legislative or executive committee.

Etymology

Origin of self-incrimination

First recorded in 1920–25

Example Sentences

"I can confirm that she will take the 5th," Maxwell's lawyer David Oscar Markus told the BBC on Sunday, referring to the right to avoid self-incrimination outlined in the Fifth Amendment of the US constitution.

From BBC • Feb. 9, 2026

He invoked his Fifth Amendment right against self-incrimination in response to a subpoena for documents and questions in a deposition in the New York lawsuit against Indyke and Kahn filed last year.

From The Wall Street Journal • Nov. 23, 2025

At one point, the report says that when investigators tried to interview McDonnell, he invoked his Fifth Amendment right against self-incrimination.

From Los Angeles Times • Jul. 19, 2024

Many protections for criminal defendants, too, like the right to trial by jury and the guarantee against self-incrimination, have strong historical foundations.

From Slate • May 8, 2024

In two subsequent opinions the Court reasserted obiter that "the privilege against self-incrimination may be withdrawn and the accused put upon the stand as a witness for the State."

From The Constitution of the United States of America: Analysis and Interpretation Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952 by Corwin, Edward Samuel