Can a defendant use the privilege against self-incrimination against a witness?

California, United States of America


The following excerpt is from People v. Mejia, 129 Cal.Rptr. 192, 57 Cal.App.3d 574 (Cal. App. 1976):

'(T)he defendant, as opposed to the witness, has no right which he may assert superior or even equal to that of the witness who exercises the privilege against self-incrimination; the defendant may call the witness; he cannot compromise the witness' testimonial sanctuary to his own uses by using it as a springboard from which to shift the indication of his own guilt. Second, the claim of privilege having no evidentiary value, it could have no relevance to the question of defendant's guilt or innocence.' (People v. Bernal, 254 Cal.App.2d 283, 294, 62 Cal.Rptr. 96, 103.)

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