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).)

Page 58

Other Questions


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)
If a prosecutor asks a question that is likely to lead to inadmissible evidence, can the prosecutor ask the witness to refrain from giving the answer? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
What is the difference between a child witness refusing to answer questions about sexual assault allegations against an adult witness? (California, United States of America)
Is there a general obligation of a prosecutor to provide immunity to witnesses in a civil case? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
In a personal injury action, does plaintiff have to disclose in his witness exchange list or, in response to a request at a deposition, the substance of the facts and opinions to which the witness will testify at trial? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
When a prosecutor peremptorily challenges a prospective jury in a murder trial, does the prosecutor have to provide a list of prospective jurors that they were "opposed to the death penalty"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.