5th Amendment

Question 1

What is the 5th self incriminating standard?

Answer 1

Before the bystander can properly invoke the right against self-incrimination, the judge must believe that there is some reasonable possibility that the witness will incriminate herself. The privilege against self-incrimination does not allow a witness to avoid testifying whenever she wishes; there must be a reasonable belief that the testimony would be incriminatory.
The judge does not have to be convinced that the testimony will incriminate the bystander. The reasonable possibility that it will is sufficient for a finding that the privilege is properly invoked and that the bystander does not need to testify.
The proper standard for the invocation of the bystander’s right against self-incrimination is not by clear and convincing evidence, but rather whether there is some reasonable possibility that she will incriminate herself.