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What’s wrong with coercing a criminal defendant to provide self-incriminating testimony? The two most common answers focus on one of the two different “sides” of such coercion. One answer focuses on the defendant—their act of producing the incriminating information should not be coerced. A different answer focuses on the coercer—they are not entitled to the information that their coercion produces. I suggest and defend an overlooked third possibility. According to this answer, forcing someone to provide self-incriminating testimony is not wrong because it coercively brings about an act of production or the receipt of the corresponding product. Instead, the problem with coerced self-incrimination is that it uses the defendant’s memory of doing something to hold him accountable for doing it.

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Does the Privilege Against Self-Incrimination Guard Against a Distinct Kind of Mischief?

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  • 发表日期：

    2026年

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  • Jordan Wallace-Wolf

摘要

What’s wrong with coercing a criminal defendant to provide self-incriminating testimony? The two most common answers focus on one of the two different “sides” of such coercion. One answer focuses on the defendant—their act of producing the incriminating information should not be coerced. A different answer focuses on the coercer—they are not entitled to the information that their coercion produces. I suggest and defend an overlooked third possibility. According to this answer, forcing someone to provide self-incriminating testimony is not wrong because it coercively brings about an act of production or the receipt of the corresponding product. Instead, the problem with coerced self-incrimination is that it uses the defendant’s memory of doing something to hold him accountable for doing it.