Privilege Against Self-Incrimination

Question 1

5A Privilege against self-incrimination

Answer 1

Natural person may assert privilege when a question warrants a response that might furnish a link in the chain of evidence needed to prosecute him (civil or criminal)

Question 2

Limitations on the privilege

Answer 2

Registration requirements for criminal activities, terry stops (state ur name plz), administrative purposes, voice/blood/handwriting examples, subpoenas, crporate records

Question 3

How to invoke

Answer 3

Crim D: no need to take stand an can’t be asked to do so; also can’t comment on how D isn’t taking stand
W: can still be asked question and must specifically invoke privilege after the question

Question 4

immunity

Answer 4

W can be compelled to answer Q if granted immunity from prosecution

Question 5

waiver

Answer 5

Crim D takes stand; W discloses incriminating information

Question 6

Juveniles

Answer 6

Must be given written notice of charges w/suff time to prepare defense, assistance of counsel, opp to confront and cross W, right not to testify, and right ti have guilt proved BARD
*cant be tried as adult for same behavior because of DJ