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NeCede's

Maxim 8.5.5

No one is bound to accuse himself.

Nemo tenetur seipsum accusare.

Source: Wing. Max. 486; 1 Bl. Comm. 443; Weisman, 49c; Weisman, 75r; Weisman, 77l Difficulty 1/5 — Foundational

Explanation

The privilege against self-incrimination is not a modern statutory creation but an ancient common law maxim — no man may be compelled to furnish evidence against himself.

Where this applies

  • The police want me to confess to a crime — do I have to?
  • Can the government force me to testify against myself in a criminal case?

Legal domains

constitutionalcriminal

See also

Cite this maxim

NeCede Max. 8.5.5 — No one is bound to accuse himself. — Wing. Max. 486; 1 Bl. Comm. 443; Weisman, 49c; Weisman, 75r; Weisman, 77l (Nemo tenetur seipsum accusare.)

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