Details on a defendant's right to withhold incriminating information?

Question

Let me get this straight. If you are convicted of a crime, you don't have to give any imformation that would held the proscuter's case.

And the defence lawyer has the same rights. He or she would be incriminating their client if they gave up certain imformation. Even if the client told things to the defence lawyer about a murder or such.

BUT I HAVE ALSO HEARD that the defence lawyer can't hide certain imformation from the court, and be held in contempt.

What is held back from the court and what isn't? What rules apply?

Sorry for my poor knowledge of termenology. Law & Order is all I have to go off of. :)

Answer 1

The defendant cannot be compelled to testify against themself, which includes any statement (other than basic information when arrested such as name and address). Non-testimony (blood samples, hair, fingerprints, etc.) can be compelled.

A defense lawyer cannot lie to the court. But the defense lawyer is not required to provide any information to the court that is confidential or that would hurt their client.

The court may determine that some information is not privileged, such as when the client says something to the attorney in front of other random people. That is a non-confidential communication, and the court can order the lawyer to disclose it. But that's rare.

The entire set of rules fills dozens of pages, and hundreds if not thousands of court cases. But that's the broad overview.

Answer 2

... a constitutional right to obtain exculpatory information, including impeachment ... to withhold a departure recommendation based on a defendant's refusal ...www.usdoj.gov/osg/briefs/2001/2pet/7pet/2001-0595.pet.aa.html
Free legal forms and information -- Legalbrief.com
... self-incriminating testimony in order to help prove a defendant's guilt, she ... perjury--may impermissibly intrude upon a defendant's right to produce evidence. ...www.legalbrief.com/ingram.html
No. 01-595: United States v. Ruiz - Brief (Merits)
... constitutional right to obtain material exculpatory information, including ... to withhold a departure recommendation based on a defendant's refusal to ...www.usdoj.gov/osg/briefs/2001/3mer/2mer/2001-0595.mer.aa.html
THE ANONYMOUS ACCUSED: PROTECTING DEFENDANTS' RIGHTS IN HIGH-PROFILE CRIMINAL CASES
... from publishing any information that threatens the defendant's right to a fair ... with jurors that courts often withhold from jurors the identity of attorneys ...bc.edu/schools/law/.../meta-elements/journals/bclawr/44_3/06_FMS.htm
MBA: Journalists Handbook
... is essentially different from other citizens to withhold crucial information. ... ruled that the defendant's right to information outweighed any such privilege, ...www.massbar.org/publications/journalists_handbook/?sw=3157