Other Free Encyclopedias » Law Library - American Law and Legal Information » Crime and Criminal Law » Eyewitness Identification: Constitutional Aspects - Search And Seizure, Self-incrimination, Due Process, Rights To Counsel And Confrontation, Process For Determining Admissibility

Eyewitness Identification: Constitutional Aspects - Self-incrimination

person amendment

Because the Fifth Amendment privilege against self-incrimination prohibits only compulsion of "testimony," the Supreme Court has held that the government does not violate that Amendment when it compels a person to stand in a lineup, wear certain clothes, and speak for the purposes of voice identification (Holt v. United States, 218 U.S. 245, 252–3 (1910); Schmerber v. California, 384 U.S. 757, 764 (1966). These actions, while possibly helpful to the prosecution's case against the person and therefore "self-incriminating," are considered "non-testimonial."

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