Does the Fifth Amendment privilege apply outside of the criminal court proceedings?

California, United States of America


The following excerpt is from People v. Navarez, 169 Cal.App.3d 936, 215 Cal.Rptr. 519 (Cal. App. 1985):

"Today, then, there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored." (Miranda v. Arizona, supra, 384 U.S. 436, 467, 86 S.Ct. 1602, 1624, 16 L.Ed.2d 694.)

Similarly, California courts have recognized the privilege against self-incrimination goes

Page 525

Other Questions


Does the privilege of a witness in a civil proceeding, civil or criminal proceeding, to refuse to answer particular questions which may tend to incriminate him or her in criminal activity? (California, United States of America)
Does the Sixth Amendment or the Fifth Amendment apply to probation revocation proceedings? (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 section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
When will a minor who violates the criminal law be prosecuted in the juvenile court rather than the criminal court? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How have courts interpreted the Fifth Amendment privilege against self-incrimination? (California, United States of America)
Is the vicinage clause of the Sixth Amendment incorporated by the Fourteenth Amendment to apply in a state criminal trial? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.