5th Amendment Privilege Against Compelled Testimony

Question 1

Privilege Against Self Incrimination

Answer 1

Can be asserted by anyone in any type of case: must assert 1st time question is asked otherwise you waive, must be claimed in civil proceeding to prevent waiver in later criminal prosecution

Question 2

Scope of Protection

Answer 2

Protects from compelled testimony, Does not protect against government using physical evidence in ways tim incriminate them.

Question 3

Non-Testimonial Evidence

Answer 3

blood, handwriting, hair, voice

Question 4

5th Amendment and Prosecutorial Conduct

Answer 4

Unconstitutional for prosecutor to make negative comments regarding: failure to testify or remaining silent (if this does happen apply harmless error doctrine)

EXCEPTION: when defendant asserts that defense is not allowed to explain his side of the story.

Question 5

5th Can be eliminated in three ways

Answer 5

Under grant of immunity, No possibility of incrimination (ie., SOL has ran) Waiver (criminal defendant who takes the witness stand waives 5th.)