CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Self-Incrimination Privilege
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Interests & Things Protected/Not Protected
............Compelled Utterance
4 Cards On This Topic:
Probationer who gives incriminating info to PO per probation condition to "promptly and truthfully answer all reasonable inquiries" from PO or face probation revocation, is "compelled" w/in meaning of 5th Amend.
Requiring D, who had invoked right not to testify, to repeat bank robber's words before jury, undermined presumption of innocence and violated his due process right.
F could assert 5th Amend. privilege against self-incrim. in juv. court; whether or not F properly invoked privilege, court lacked authority to impose evidence sanction by striking other Ws' testimony.
Requiring driver to inform officers he was the driver of a vehicle involved in injury accident does not violate constitutional right against self-incrimination.