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Confessed to murder, can I be compelled to tell them where the body is?
If I confess to killing someone, in the United States, but refuse to tell them where the body is. Can I be compelled to tell them where it is so they can find evidence against me? Or can I exercise my right to remain silent and not help them prosecute me?
Assuming that I have no intention of testifying if they charge me. Assume I freely confessed to the the killing but implied that it was self-defense. Assume they are willing to charge me with murder, but find it hard without the body.
Can they use a subpeona or other mechanism to compel me to tell them or can I rest on my fifth amendment right to remain silent?
This is clearly nothing like a fingerprint, DNA, or handwriting. They don't want to identify me, they want to refute my self-defense implication with forensics.
For bonus points, what If I just found the body. I say I found the body. I'm the only one who knows where it is. They think I may have killed that person. Can they compel me to tell them where I found the body I claim I just stumbled on? Or can I rest on my fifth amendment right?
First, this is a hypothetical.
Second, contempt of court is very serious if there is no possible charge otherwise (for example, suppose if instead of a person, it's a company -- a company will follow a legal subpeona). Or consider a case where the person has a legal duty not to disclose the information unless compelled to.
Third, this could arise even if you don't confess. For example, you could mention that you found the body without realizing that it could result in charges against you. Later a lawyer could advise you not to tell them anything else.
5 Answers
- Anonymous1 decade agoFavorite Answer
Other than the possible threat of contempt of court there is nothing that can be done to coerce you to say anything and with a murder charge you are probably not worried about any contempt issues.
- Anonymous1 decade ago
The internet is quite possibly the worst place to get legal advice there is.
That said, and with the understanding that I'm not an attorney, I believe you cannot be compelled to reveal the location of the body. That information may be used as a bargaining chip, maybe the difference between the death penalty and a life sentence, but you are not compelled to provide information which further incriminates you.
- 1 decade ago
You can remain silent. You have the right to not incriminate yourself. But why confess if you don't want to go whole hog?
If you found a body, and did not kill the person, but they think you did, they're going to prosecute you anyway. Tell them where the body is so they can investigate it so you can be exonerated.
But yeah, the last person is right. Don't take legal advice from people who may be wearing only their underwear.
- gretchenLv 41 decade ago
You have the right to remain silent. If you give up the right to remain silent, anything you say can be held against you. You have a right to an attorney. If you can't afford an attorney, one will be appointed to you. Roughly, Miranda.
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- Sandra MLv 71 decade ago
You don't have to tell them where the body is and if I murdered someone I wouldn't be talking to them without an attorney present for real. I wouldn't tell them anything if I MURDERED SOMEONE. Also it is kind of hard to prosecute without a body.
http://seattlepi.nwsource.com/local/179898_navysid...
The best evidence in a murder trial is the BODY.
