Keywords
self-incrimination, defendant Peña-Rodriguez v. Colorado, jury trial, Fifth Amendment, nemo tenetur siepsum prodere
Abstract
This Note addresses the insufficiency of the current system in protecting criminal defendants’ privilege against self-incrimination. Part II will outline the background legal principles of the issue, including the privilege against self-incrimination, the presumption of innocence, and the no-impeachment rule. This part will also address the Supreme Court’s sole judicial exception to the no-impeachment rule as laid out in Peña-Rodriguez v. Colorado. Part III will address the statistical significance of juror bias against criminal defendants who invoke the privilege, highlight the widespread nature of the bias, and argue that the procedural safeguards currently in place are insufficient to protect.
Recommended Citation
Kelsey Rohr,
The Illusory Privilege Against Self-Incrimination,
78 Ark. L. Rev.
(2025).
Available at:
https://scholarworks.uark.edu/alr/vol78/iss3/6