Does a defendant have to waive his right to self-incrimination under both the Fifth and Sixth Amendments?

California, United States of America


The following excerpt is from People v. Memro, 11 Cal.4th 786, 12 Cal.App.4th 783, 47 Cal.Rptr.2d 219, 905 P2d 1305 (Cal. 1995):

Defendant also contends that the court erred by not holding an in camera hearing on an offer of proof regarding inconsistent defenses. (He does not point us to anything in the record, however, that shows that the court would have understood his request as pertaining to an offer of proof regarding inconsistent defenses, if indeed it would have so pertained.) Citing Simmons v. United States (1968) 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247, he maintains that he was unconstitutionally forced to waive one constitutional right to invoke another. He asserts that he had to "diminish his right to due process of law in presenting his basis for severance of the charges" in order to "protect the invasion of his right to counsel under the Sixth Amendment and his right against self-incrimination under the Fifth Amendment...."

Other Questions


Is a defendant's ineffectual request for counsel in a Sixth Amendment context coincidentally invoked his Fifth Amendment right to have counsel present at any interrogation? (California, United States of America)
What is the difference between Sixth Amendment rights and Fifth Amendment rights? (California, United States of America)
In what circumstances will the court uphold a finding that appellant voluntarily and knowingly waived her Fifth Amendment right to the Fifth Amendment? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Does a defendant's Sixth Amendment right to counsel include a right to loyal assistance? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
Does defendant have the capacity to understand the consequences of waiving his Fifth Amendment rights? (California, United States of America)
When will a defendant waive his Fifth Amendment right against self-incrimination? (California, United States of America)
Is the right to testify in a civil trial grounded in the Fifth Amendment or in the Sixth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.