First, compulsion and incrimination are both continuous variables questions of degree.
In addition, the Court will have to determine whether these two issues are, like compulsion and incrimination, independent.
There is certainly compulsion and incrimination, but where is the testimony?
We discuss compulsion, incrimination, and testimony, each in turn.
For example, there is no incrimination where a witness has been granted immunity from criminal prosecution but still faces hardships such as the loss of a job or "general public opprobrium.
52) Like compulsion, there is no analytical dividing point that can explain why courts find no violation with an incrimination likelihood of x, but do find a violation with a quantity of x + 1.
The variables of compulsion (114) and incrimination will exclude some cases from protection categorically, and others when the judicially-created threshold is not met.
Instead, incrimination as to the fact of cognition, or the facility or mental dexterity with which one engages in cognition, is analogous to blood tests.