<Dl> <Dd> (e) the person's nationality .--Section 14 (9) and (10), Criminal Procedure (Scotland) Act 1995 </Dd> </Dl> <Dd> (e) the person's nationality .--Section 14 (9) and (10), Criminal Procedure (Scotland) Act 1995 </Dd> <P> The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself . At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify . Whether to testify or not is exclusively the privilege of the defendant . </P> <P> Outside the context of lawful detention or arrest, a person has no duty to answer any questions of the police . If judicial compulsion is sought by the State, the person can still invoke his or her Fifth Amendment right against compulsory self - incrimination, and refuse to testify if answers to questions posed are potentially self - incriminating . Only if granted immunity by the state, in a formal proceeding, from having any testimony or evidence derived from the testimony used against him or her, can a person be compelled to answer over an assertion of this right . If police detain (or arrest) a person, they must advise him or her that he or she has a right to remain silent, and the right to an attorney, among other rights . (This is known as the Miranda warning .) If the detained person invokes these rights, all interrogation must cease, and ordinarily nothing said by the defendant in violation of this rule may be admitted against him or her at trial . </P>

Do witnesses have the right to remain silent