5th Amendment Privilege Against Compelled Testimony

Question 1

What type of case can the 5th Amendment Priv. against self-incrim be used?

Answer 1

Any

Question 2

When must you invoke your 5th amendment right?

Answer 2

First time the question is asked.

Question 3

If you failed to invoke your 5th amendment right, you will have waived it for all . . .

Answer 3

Subsequent prosecutions.

Question 4

The 5th amendment privilege must be claimed in civil proceedings to prevent the privilege from being waived for a later . . .

Answer 4

Criminal prosecution

Question 5

If the individual responds to questions in a civil proceeding, can he later bar that evidence on 5th amendment grounds?

Answer 5

No

Question 6

5th Amendment protects from what type of testimony?

Answer 6

compelled.

Question 7

5th does NOT protect citizens from having the gov’t use physical evidence in ways to incriminate them. T or F?

Answer 7

T

Question 8

Can the prosecution make a negative comment about D’s refusal to testify?

Answer 8

No

Question 9

Can the prosecution make a negative comment about D’s decision to remain silent after being given Miranda warnings?

Answer 9

No

Question 10

When and only when can the prosecution comment on the D’s failure to take the stand?

Answer 10

When the comment is in response to D’s counsel’s assertion that D was not allowed to explain his side of the story.

Question 11

Is D chose to remain silent before police read him his Miranda rights, can that silence be used against him?

Answer 11

Yes

Question 12

When the prosecution impermissibly comments on a D’s silence, what test applies?

Answer 12

Harmless error

Question 13

5th Amendment priv. can be eliminated in 1 of 3 ways:

Answer 13

Under grant of immunity

No possibility of incrimination (e.g., if SOL has run)

Waiver

Question 14

When does a D waive his 5th amendment right through his conduct?

Answer 14

By taking the stand