CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Self-Incrimination Privilege
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Application: Potential for Crim. Prosectn
............Potential for Prosecution
5 Cards On This Topic:
Fifth Amend. protects not only direct evidence of crime, but also link in chain of evidence. In ruling on privilege, court must consider implications of question.
14th Amend. guarantees protection of Fifth Amend. privilege against self-incrimination in state proceedings.
D protected by Fifth Amendment during period between guilty plea and sentencing.
When invoking privilege against self-incrimination, witness need not demonstrate answers to questions will make him/her subject to prosecution.
One jurisdiction may not compel witness to give testimony which would incriminate witness in another jurisdiction.