Can a witness assert self-incrimination de novo?
California, United States of America
The following excerpt is from People v. Jones, B247103 (Cal. App. 2014):
"[a] witness may not employ the privilege to avoid giving testimony that he simply would prefer not to give." (Roberts v. United States, supra, 445 U.S. at p. 560, fn. 7.)
This court reviews the trial court's ruling permitting the witness to assert the privilege against self-incrimination de novo. (People v. Seijas, supra, 36 Cal.4th at p. 304.)
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