Fifth Amendment Privilege Against Self-Incrimination

Question 1

What is the 5th A privilege against self-incrimination?

Answer 1

No person shall be compelled in a criminal case to be a witness against themselves

Question 2

When does the 5th A give a witness absolute privilege to refuse to testify

Answer 2

1. the D has a real and substantial fear that the testimony will result in self-incriminator or contribute to their criminal conviction
2. the D asserts the privilege by refusing to testify

Question 3

When is 5th A privilege against self-incrimination waived?

Answer 3

Waiver occurs from the mere act of answering police or government questions

Question 4

What is use and derivative use immunity?

Answer 4

Prohibits use of a witness’s testimony or any evidence derived from that testimony against that witness, though witness may still be prosecuted so long as the evidence used has no connection to the testimony

Question 5

What is transactional immunity?

Answer 5

Prohibits any future prosecution of the witness for the transaction that is the subject of the testimony

Question 6

What types of immunity may be granted to eliminate the risk of self-incrimination?

Answer 6

The following types of immunity grants will eliminate the risk regarding self-incrimination, and witness may be compelled to testify as a result:
1. use and derivative use immunity
2. transactional immunity