No Self Incrimination

Question 1

No Self Incrimination

Answer 1

5th Amendment privilege against self incrimination - can be asserted by anyone when response may tend to incriminate [TESTIMONY ONLY, NOT E]

Question 2

5th Amd. Privilege Limits

Answer 2

Can’t claim if…

1. Immunity
2. No possibility of incrimination (SOL)
3. Waiver (∆ on stand waives as to all legit cross)

Must assert 1st time asked or waived; must assert in civil action or waived in later criminal action

Question 3

Prosecutor and 5th Amd. Priv

Answer 3

Can’t comment on post-Miranda silence

• -Can on pre-Miranda silence
• -Violation: harmless error