Can a prosecutor request a judicial order mandating that a witness provide answers on topics that the witness has characterized as self-incriminating?

California, United States of America


The following excerpt is from People v. Cramer, H034348 (Cal. App. 2016):

Section 1324 authorizes a prosecutor to request a judicial order mandating that a witness provide answers on topics that witness has characterized as self-incriminating, so long as "no testimony or other information compelled under the order or any information directly or indirectly derived from the testimony or other information may be used against the witness in any criminal case." ( 1324.) "[W]here a witness receives immunity, that witness's testimony is compelled and the witness no longer has a privilege against self-incrimination." (People v. Morgain (2009) 177 Cal.App.4th 454, 466 (Morgain).)

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