Testimonial evidence
Definition
Evidence that communicates a fact through the suspect's own mental process or assertion, for example a confession, a password, or a document the suspect is compelled to produce. The privilege against self-incrimination protects testimonial evidence but not physical characteristics.
Related terms
- Bodily autonomy
- The principle that a person has sovereign control over their own body and cannot be subjected to physical interference without their consent...
- Intimate sample (PACE)
- Under the Police and Criminal Evidence Act 1984, a sample of blood, semen, or any other tissue fluid, urine, or pubic hair,...
- Medical examination order
- Under the Bharatiya Nagarik Suraksha Sanhita 2023, a court or magistrate may direct that an accused person be examined by a registered...
- Non-intimate sample (PACE)
- Under PACE 1984, a sample of hair (other than pubic hair), nail clippings, saliva, a swab from a non-intimate external body surface,...
- Schmerber doctrine
- The rule from Schmerber v. California (1966) that a compelled blood draw does not violate the Fifth Amendment privilege against self-incrimination because...
Explained in
- Bodily Samples: Consent and CompulsionEvidence that communicates a fact through the suspect's own mental process or assertion, for example a confession, a password, or a document the suspect is com...