USA HISTORY

MAKING OF A NEW NATION 1776 1800

THE BILL OF RIGHTS THE CONSTITUTIONS FIRST 10 AMENDMENTS

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
A woman is being tried for murder. The district attorney forces her to take the stand and testify. What violation of the Bill of Rights taken place?
A
The right to an attorney
B
Double Jeopardy
C
Self-Incrimination
D
Excessive Bail
Explanation: 

Detailed explanation-1: -/ˌself.ɪn.krɪm.əˈneɪ.ʃən/ saying or doing something that shows that you are guilty of a crime: A witness can legally refuse to give evidence to avoid self-incrimination.

Detailed explanation-2: -Under Article 20(3), no person, accused of any offence, shall be compelled to be a witness against himself. We have, therefore, to see whether by calling upon the petitioner Bhupendra Nath, to give his finger impressions, the trial Magistrate has compelled him i.e., the petitioner to be a witness against himself.

Detailed explanation-3: -Right against Self-incrimination in India The Indian Constitution provides immunity to an accused against self-incrimination under Article 20(3) – ‘No person accused of an offence shall be compelled to be a witness against himself’.

Detailed explanation-4: -It means to make an oral or written statement in or out of the court by a person who is accused of an offence. Sec 132 mandates a witness to answer the questions being asked to him irrespective of such questions bearing the tendency of exposing him to incrimination or other kind of penalty or forfeiture.

There is 1 question to complete.