Nemo tenetur accusare se ipsum nisi coram Deo by Sushma Gowda

Literal Meaning:-No one is bound to accuse himself except in the presence of God.

Origin:-Legal maxim and Latin for No one is in duty bound to accuse himself unless before God. In certain cases a witness is not compelled to answer if by so doing he would incriminate himself.

Illustration:-Nemo meaning is no one, tenere  meaning is hold, ego meaning is I,you,he/she/it, ipse meaning is him/her/its-self, accusare meaning is accuse, indict.

Explanation:- A maxim banning mandatory self-incrimination. Near-synonymous with accusare nemo se debet nisi coram Deo. Similar phrases include: nemo tenetur armare adversarium contra se (no one is bound to arm an opponent against himself), meaning that a defendant is not obligated to in any way assist the prosecutor to his own detriment; nemo teneture dere instrumenta contra se (no one is bound to produce documents against himself, meaning that a defendant is not obligated to provide materials to be used against himself (this is true in Roman law and has survived in modern criminal law, but no longer applies in modern civil law); and nemo tenere pro dere se ipsum (no one is bound to betray himself), meaning that a defendant is not obligated to testify against himself.

Case Reference:-

Miranda vs Ariz

“The maxim nemo tenetur se ipsum accusare had its origin in a protest against the inquisitorial and manifestly unjust methods of interrogating accused persons, which [have] long obtained in the continental system, and, until the expulsion of the Stuarts from the British throne in 1688, and the erection of additional barriers for the protection of the people against the exercise of arbitrary power, [were] not uncommon even in England. While the admissions or confessions of the prisoner, when voluntarily and freely made, have always ranked high in the scale of incriminating evidence, if an accused person be asked to explain his apparent connection with a crime under investigation, the ease with which the questions put to him may assume an inquisitorial character, the temptation to press the witness unduly, to browbeat him if he be timid or reluctant, to push him into a corner, and to entrap him into fatal contradictions, which is so painfully evident in many of the earlier state trials, notably in those of Sir Nicholas Throckmorton, and Udal, the Puritan minister, made the system so odious as to give rise to a demand for its total abolition. The change in the English criminal procedure in that particular seems to be founded upon no statute and no judicial opinion, but upon a general and silent acquiescence of the courts in a popular demand. But, however adopted, it has become firmly embedded in English, as well as in American jurisprudence. So deeply did the iniquities of the ancient system impress themselves upon the minds of the American colonists that the States, with one accord, made a denial of the right to question an accused person a part of their fundamental law, so that a maxim, which in England was a mere rule of evidence, became clothed in this country with the impregnability of a constitutional enactment

Reference:-

Miranda vs Ariz

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