Criminate

To exhibit evidence of the commission of a criminal offence. It is a rule that a witness cannot be compelled to answer any question which has a tendency to expose him to a penalty, or to any kind of punishment, or to a criminal charge; 4 St. Tr. Q; 6 id. 649; 10 How. St. Tr. 1090; Johnson v. Goss, 2 Yerg. (Tenn.) 110; Grannis v. Branden, 5 Day (Conn.) 260, 5 Am. Dec. 143; Bellinger v. People, 8 Wend. (N. Y.) 598; Parry v. Almond, 12 S. & R. (Pa.) 284; State v. Quarles, 13 Ark. 307. Such a statement cannot be used to show guilt and a confession must be free and voluntary; In re Emery, 107 Mass. 180, 9 Am. Rep. 22. If a defendant offers himself as a witness to disprove a criminal charge, he cannot excuse himself from answering on the ground that by so doing he may criminate himself; Spies v. People, 122 111. 235, 12 N. E. 865, 17 N. E. 898, 3 Am. St. Rep. 320. See Incrimination. An accomplice admitted to give evidence against his associates in guilt is bound to make a full and fair confession of the whole truth respecting the subject-matter of the prosecution; Com. v. Knapp, 10 Pick. (Mass.) 477, 20 Am. Dec. 534; 2 Stark. Ev. 12, note; but he is not bound to answer with respect v. Whipple, 9 Cow. (N. Y.) 721, note (a); 2 C. & P. 411.

To expose a person to a criminal

To charge one with erime; to furnish ground for a criminal presecution; to expose a person to a criminal charge, A witness cannot be compelled to answer any question which has a tendency to eriminate him.