5th Amendment Privilege Against Compelled Testimony

Question 1

5th Amendment Privilege Against Self-Incrimination

Answer 1

the 5th amendment privilege right against self-incrimination can be assessed by anyone in any type of case–anyone asked a question under oath in any kind of case, wherein the response might tend to incriminate him is entitled to a 5th amendment privilege
1-must assert the privilege the 1st time the question is asked or the privilege is waived
2-privilege must be claimed in civil proceedings to prevent it from being waived for a later criminal prosecution
3-if the individual responds to the questions instead of claiming the privilege during a civil proceeding, he cannot later car that evidence on 5th amendment grounds

Question 2

Scope of the Protection

Answer 2

1-5th amendment protects citizens from compelled testimony

2-5th amendment does NOT protect citizens from having the gov’t use physical evidence in ways to incriminate them

Question 3

5th Amendment and Prosecutorial Misconduct

Answer 3

1-it’s unconstitutional for the prosecutor to make a negative comment on the D’s failure to testify or on a D choosing to remain silent after being given Miranda warnings
2-exception-prosecutor can comment on D’s failure to take the stand when the comment is in response to defense counsel’s assertion that A was not allowed to explain his side of the story
3-when a prosecutor impermissibly comments on a D’s silence, the harmless error test applies

Question 4

5th Amendment Privilege Eliminated

Answer 4

the privilege can be eliminated in 3 ways:
1-under grant of immunity
2-no possibility of incrimination
3-waiver
a-the criminal D who takes the witness stand waives the 5th amendment privilege as to all legit subjects of cross exam