Criminal Justice

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ConLaw CJ 310-01
Assignment 5 (Ch.7)

1. What three requirements are necessary to trigger protection of the Fifth Amendment privilege against self-incrimination? 5pts
*Suspects have the right to remain silent during custodial interrogations.
*Criminal defendants have a right to remain silent at their criminal trial.
*In all other legal contexts, citizens have a right not to answer specific questions that might tend to incriminate them.

2. What is necessary for a statement to be considered “self-incriminating”? 5pts
*A statement can be considered self-incriminating if it could lead to criminal liability in any jurisdiction. It is also giving a testimony in a trial or other legal proceeding that could subject one to criminal prosecution.

3.There are several situations in which a witness can be compelled to provide testimony that concerns his or her own criminal activity. What are they? 10pts *Testimony

4. What is the difference between absolute immunity and use (including derivative use) immunity? 10pts *Absolute Immunity bars the government from prosecuting the witness for crimes revealed through compelled testimony. Because the government is barred from persecuting, the testimony is no longer incriminating and may be compelled.

*Use or including derivative use, immunity states the Fifth Amendment is satisfied if the government grants the witness immunity from the government’s use of the testimony and its fruits in any prosecution later brings.

5.When, if ever, can a defendant be questioned by the prosecutor at his or her criminal trial? 5pts *Criminal defendants have the right to remain silent at their trial. They invoke this right by not taking the witness stand. A defendants dedcision not to testify is final, the prosecutor is not permitted to call the defendant as a witness. If the defendant wants to anwere/ take the stand then he is allowed to, there the prosecutor can ask...
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