No person, the Fifth Amendment promises, “shall be compelled in any criminal case to be a witness against himself.” What it means “to be a witness” against oneself has been largely settled in American law since at least 1910, when Justice Oliver Wendell Holmes wrote inUnited States v. Holtthat “the prohibition of compelling a man in a criminal court to be witness against himself is a prohibition of the use of physical or moral compulsion to extortcommunicationsfrom him. . . .” FromHolt, the general principle has been derived that the compulsion of physical, noncommunicative evidence from a defendant—such as a demonstration of the fitting of an article of cloth-ing, a handwriting exemplar, a blood sample, or even documents—does not trigger the protections of the Self-Incrimination Clause because compelling a defendant to produce such evidence does not compel the defendant to be a “witness.”

中文翻译：

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沉默和非证词证据

第五修正案承诺，任何人“不得在任何刑事案件中被迫自证其罪”。至少自 1910 年以来，美国法律基本上已经确定了“作证”的含义，当时大法官奥利弗·温德尔·霍姆斯 (Oliver Wendell Holmes) 在美国诉霍尔特 (United States v. Holt是禁止使用身体或道德强迫向他勒索信息。. . 。” 来自霍尔特的一般​​原则是，强制要求被告提供物理的、非交流的证据——例如衣服的合身示范、笔迹样本、血样、