What is the term for the right of a defendant to refuse to testify against themselves?

The correct term for the right of a defendant to refuse to testify against themselves is self-incrimination. This principle is rooted in the Fifth Amendment to the United States Constitution, which states that no person "shall be compelled in any criminal case to be a witness against himself." It protects individuals from being forced to provide evidence that could be used to convict them of a crime, thus allowing defendants to maintain their right to remain silent during legal proceedings.

Self-incrimination ensures that individuals cannot be coerced into providing testimony that could lead to their own prosecution. This fundamental protection is important for upholding the fairness and integrity of the legal system, as it helps to preserve the presumption of innocence until proven guilty.

The other terms listed do not pertain to the right not to testify. Due process refers to the legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment through the judicial system. An affirmative defense is a type of defense where the defendant admits to the act but argues that there are justifiable reasons for it, such as self-defense. Pro se refers to representing oneself in legal proceedings without the assistance of an attorney. Each of these concepts plays a distinct role within the legal framework but does not specifically address the right to