Ex parte Senior

Citations

• 37 Fla. 1

Syllabus

<p>1. The rule stated in Ex parte Edwards, 11 Fla. 174, that in the absence of statutory limitations or restrictions, the power of the several courts over contempt is omnipotent, and its exercise is not to be inquired into by any other tribunal, is subject to the qualification that the conduct charged as constituting the contempt jnust be such that some degree of delinquency or misbehavior can be predicated of it; for if the act be plainly indifferent or meritorious, or if it be only the assertion of an undoubted right of the party, it will not become a criminal contempt by being adjudged to be so.</p> <p>2. The ancient maxim of the common law, nemo tenetur se ipsum prodere, is imbedded in the provision in the twelfth section of the Bill of Rights of our Constitution, that no person shall be compelled in any criminal case to be a witness against himself, and such provision should be broadly and liberally construed to secure the protection designed to be accomplished by it.</p> <p>3. The purpose of the provision mentioned is to exempt one from being compelled, in any judicial or other proceeding against himself, or upon the trial of issues or investigation of facts between others to disclose facts or circumstances that can be used against him as admissions tending to prove guilt, or connection with any criminal offense, of which he may then or afterwards be charged, or the sources from which, or the means by which, evidence of its commission, or his connection with it, may be obtained.</p> <p>4. The right of privilege against disclosure of incriminatory statements or evidence is personal to the witness, he alone being entitled to’ invoke its protection, and it may be waived by him.</p> <p>5. While the witness must judge of the effect of Ills answer, and should not be required to explain how it will criminate him, yet the court must determine, under all the circumstances of the case, whether such will be its tendency from the question asked; and where, from the nature