5A

Question 1

5A says no person shall be compelled -__

Answer 1

in any crim case to be witness against himself

Question 2

3 elements of 5A privilege

Answer 2

• testimonial comm
• that is compelled
• tends to personally incriminate

Question 3

Grants of immunity can __-

Answer 3

dispel 5A

Question 4

2 types of immunity

Answer 4

transactional
use

Question 5

what is transactional immunity

Answer 5

can’t prosecute immunized witness for any matters about which required to testify or any crimes/transactions related to testimony

Question 6

what is use immunity

Answer 6

won’t use testimony against you directly or to develop any other case

Question 7

Today understand that 5A can be invoked in ___

Answer 7

any legal proceeding where fear of self-incrim (certainly GJ)

Question 8

Hitchcock says that criminal case means ___ NOT ___

Answer 8

exposure to crim liability, forum where statement made

Question 9

Walker says that GJ witness may be given ___

Answer 9

transactional immunity to provide info otherwise protected by 5A

Question 10

A witness can be forced to testify before GJ if __

Answer 10

given transactional immunity

Question 11

Privilege ends when ___

Answer 11

SOL for your crime ends

Question 12

Walker says 5A narrowly about ___ not ___

Answer 12

right not to have testimony used against you, broader protection against ridicule/reputational damage

Question 13

A GJ witness with immunity could still be prosecuted for __

Answer 13

perjury

Question 14

A GJ witness with transactional immunity must be __

Answer 14

responsive to questions asked (but can be broad)

Question 15

what is a cooperation agreement

Answer 15

privately negotiated agreement with witness and pros

Question 16

In Ullman a defendant was given immunity and called to testify ___

Answer 16

before GJ about espionage but refused to testify and held in contempt

Question 17

Ullman affirms that things like ____ not 5A concern

Answer 17

loss of passport, job, expulsion labor union

Question 18

Kastigar says that govt need not ____ to comply with 5A

Answer 18

grant full transactional immunity (use immunity enough)

Question 19

For use immunity, a person can be prosecuted for _____ so long as ____

Answer 19

thing to which testimony relates, use/derivative use immunity not violated

Question 20

Marshall dissents in Kastigar to say ___

Answer 20

too much risk tainted evidence will slip through

Question 21

North facts

Answer 21

immunized testimony about Iran-Contra before congressional committee on national TV. D’s prosecutors walled off from media coverage but trial witnesses had been exposed between GJ and trial

Question 22

North held that if the congressional testimony had ___

Answer 22

influenced trial witness accounts at all would be a “use” in violation of the immunity

Question 23

The DC circuit on remand in North case ultimately determined ____

Answer 23

impossible task to analyze if any of gov’s case came from D’s testimony

Question 24

Facts of North but prosecutor attempts to read in the GJ testimony and then allows for cross

Answer 24

too close to North, would not be allowed

Question 25

Helmsely is about ___

Answer 25

attenuation

Question 26

Helmsley facts

Answer 26

newspaper covering immunized testimony prompted reporter to investigate possibility D misappropriate corporate funds

Question 27

Helmsley say that the relationship between the immunized testimony and the subsequent prosecution was ___

Answer 27

too attenuated to be 5A violation

Question 28

Murphy v. Waterfront held that state witnesses cannot be compelled to testify unless _____

Answer 28

testimony + fruits can't be used by fed officials in pros against him

Question 29

Balsys says 5A does not extend to ___

Answer 29

risk of pros by foreign nation

Question 30

Portash says that immunized GJ testimony may not ___

Answer 30

be used to impeach D at trial

Question 31

Apfelbaum says that the 5A __-

Answer 31

doesn't immunize lies (can bring in pros for perjury/false statement)

Question 32

Two situations where 5A privilege applies

Answer 32

- testifies in court - custodial police interrogation

Question 33

Griffin held that prosecutor cannot ___

Answer 33

comment on D decision not to testify at trial

Question 34

Miranda holds that compulsion is ___

Answer 34

inherent from custodial context

Question 35

Garrity holds that public employees cannot be compelled to testify ____

Answer 35

under threat of losing their job

Question 36

Garrity says that ___, like teachers and lawyers, are not ___

Answer 36

policemen, relegated to watered-down version of constitutional rights

Question 37

Carter says that D has a right to ___

Answer 37

jury instruction saying not to infer anything from D not testifying

Question 38

Salinas facts

Answer 38

Homicide suspect went to station willing and gave gun for testing. Asked if shotgun would match shells, didn't answer and looked uncomfy

Question 39

Salinas found that the D ___

Answer 39

by remaining silent didn't assert 5A privilege and couldn't benefit from it

Question 40

Salinas plurality says if no compulsion ___

Answer 40

can't be violation of right (went to station voluntarily)

Question 41

Taking ______ are not testimonial comms

Answer 41

blood, fingerprints, handwriting sample

Question 42

Cruel trilemma 5A preventing

Answer 42

- confess and be incarcerated - lie and risk perjury - stay silent and be in contempt

Question 43

Contents of documents aren't privileged because ___

Answer 43

govt didn't compel you to create them, no 5A bc no compulsion

Question 44

The act of producing documents can be privileged because can show _____ which is self-incrim

Answer 44

existence, authenticity, possession/control

Question 45

Fisher facts

Answer 45

accountant prepared D income taxes, D possessed until gave to attorney. Subpoena to attorney for them

Question 46

Fisher says that attorney/client privilege cannot be ___

Answer 46

broader than 5A or people would give everything to attorney

Question 47

Fisher says no 5A when foregone conclusion meaning ___

Answer 47

govt already knows and can prove docs exist, are authentic and in D's possession when subpoena

Question 48

Brennan and Marshall concur in Fisher to say __

Answer 48

should be remnants of Boyd in docs you created like a diary

Question 49

Schmerber held that ___ was not testimonial so no 5A

Answer 49

blood taken

Question 50

Schmerber suggests that ____ not covered by the privilege

Answer 50

physical evidence

Question 51

In Doe vs US the D was made to __

Answer 51

sign paper saying if I have any foreign bank accounts to turn over records. Not asked to identify certain accounts or verify existence

Question 52

Doe said there was no 5A because ___

Answer 52

no factual assertion on the form so no testimonial comm

Question 53

Doe authorizes the state to ___

Answer 53

issue a directive

Question 54

Muniz is about ___

Answer 54

routine booking questions

Question 55

Muniz held that the questions at the precinct _____ but ___

Answer 55

qualified as custodial interrogation, fell under routine booking exception to Miranda so not 5A violation

Question 56

Routine booking exception can apply to bio information ___

Answer 56

obtained when not filling out paperwork