CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........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.