If the 5th Amendment right against self-incrimination is violated, what can happen to statements obtained?

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When the 5th Amendment right against self-incrimination is violated, the implications for statements obtained during that violation can be significant. The correct understanding in this context is that statements made under coercion or without a proper warning of rights cannot be used as direct evidence in a prosecution case. However, if a defendant later chooses to testify in their own defense, those previously coerced statements can be utilized to challenge the credibility of the defendant's testimony.

This principle serves as a safeguard against forced confessions while also allowing the court to ensure that any inconsistencies in the defendant's statements are brought to light. Therefore, while the direct use of such statements in the prosecution's case is not permitted, their use for impeachment purposes if the defendant decides to take the stand is legally acceptable.

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