"Looking at the Law": The Privilege Against Self-Incrimination and Supervision

When offenders refuse to answer questions based on their claim that the refusal is protected by the Fifth Amendment, officers are generally advised to respect the claim of privilege. On the other hand, some refusals to respond to questions constitute possible violations of the conditions of release and officers must determine if, when, and how to present these violations to the court. The intent of this article is to provide officers with background on this issue to assist them in making these determinations.