Privilege Against Self-Incrimination

Question 1

Who can take the 5th

Answer 1

Anyone.
Defendants
witnesses
parties to civil proceedings

Question 2

When can someone take the 5th?

Answer 2

At any proceeding where there is TESTIMONY under OATH

Question 3

What is the NY exception?

Answer 3

No pleading the 5th in a grand jury proceeding

Question 4

What happens if an individual does not plead the 5th in a civil proceeding?

Answer 4

then he cannot exclude that testimony later on in a criminal proceeding on self-incrimination grounds

Question 5

What kind of evidence does 5th amendment privilege protect?

Answer 5

testimonial privilege

Question 6

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

Answer 6

the state may not compel any natural person to testify against him/herself

Question 7

How do you invoke the privilege?

Answer 7

Only a criminal defendant has the right to refuse to testify; a defendant in a civil case or a witness must be sworn in before invoking the privilege, and must invoke it as to each question to which it applies.

Question 8

How does a criminal defendant waive the privilege?

Answer 8

By taking the witness stand, but only to the extent that she is subject to cross-examination.

A witness, on the other hand, cannot refuse to take the stand, but instead must take the stand and assert the privilege, if applicable, to the specific questions posed. A witness will be held to have waived the privilege only to the extent that she discloses incriminating information.