CHILDREN AND THE LAW
...Evidentiary Issues
......Privileges-Discovery
.........Self-Incrimination
4 Cards On This Topic:

Trial court did not err in declaring minor W unavailable after he asserted privilege against self-incrimination and in admitting his prelim. hearing testimony instead.

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.

Juv. court's sanctioning F for asserting his 5th Amend. right not to self-incriminate, by striking testimony of witnesses, was harmless error where testimony would have bolstered court's jurisdictional finding.

Prejudicial error to preclude F from presenting evidence or cross-examining Ws as sanction for invoking privilege against self-incrimination where it was unknown how preparer of SSA reports would have testified.