(14) Self-Incrimination

(14) Self-Incrimination - CJ 1123 Criminal Evidence and...

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CJ 1123 Criminal Evidence and Procedure (14) Self-Incrimination Self-Incrimination 14-1 Scope of the Privilege against Self-Incrimination 5th A - can not be compelled to give testimony that might incriminate him/herself - does not apply in civil cases Situations Not Covered by the 5Th A only applies if criminal charges could be based on the confession or admission does not apply in 3 situations that arise in criminal cases where it is impossible to file charges: 1. statute of limitations has run statute can be tolled (stopped) if a suspect flees the jurisdiction to avoid prosecution statute may also have run out against one suspect but not another one suspect may have committed a felony (longer statute) while another committed a misdemeanor under these circumstances, can not plead the 5 th 2. witness has been granted immunity can not be prosecuted for what you say as long as it is within the scope of the immunity prosecutors and grand juries can grant immunity use immunity - what is stated can not be used against him/her transaction immunity - can not be prosecuted for the crimes specified; neither his statements not evidence police obtain independently can be used immunity from federal prosecution carries immunity from state prosecution for the same offense and vice versa immune witness can not refuse to testify to protect a friend or save face refusal to testify is grounds for contempt (jail until testify) 3. witness cannot be prosecuted due to double jeopardy same crime or lesser included offenses can not be filed after conviction or acquittal multiple parties to the crime being tried separately - testimony of accomplice who was already tried can be very useful - no right to refuse based on 5th A due process still prevents the police from using coercion to obtain confessions How the Privilege is Invoked prior to arrest and during FI - can refuse to answer Q's (police have no duty to warn you of this right) Meridith Spencer Page 1 of 8
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CJ 1123 Criminal Evidence and Procedure (14) Self-Incrimination custodial interrogations - must inform suspect of rights - a knowing, intelligent and voluntary waiver must be obtained - can not use coercion - indigent suspect has the right to counsel at govt expense defendant at trial - do not call to the stand - no inference of guilt can be made from this ( Griffin v CA ) if during closing, defense argues defendant never had right to explain their side, prosecution can state they had the right to testify and chose not to witnesses at trial - assert the right in response to each Q - if there appears to be no basis for this, the judge may question the witness away from jury and attys to see why the privilege applies witnesses have the right to their own attys present to give advice on how to answer a Q - if a witness starts to make an incriminating statement - the judge will usually briefly stop the proceedings to determine if they are aware of the consequences (Miranda warnings usually) if the defendant lies under oath - can be charged with perjury - can use the fact
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(14) Self-Incrimination - CJ 1123 Criminal Evidence and...

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