How has the Fifth Amendment been interpreted in the context of a defendant's right to confront and cross-examine a witness?

California, United States of America


The following excerpt is from People v. Jackson, 178 Cal.App.3d 694, 224 Cal.Rptr. 37 (Cal. App. 1986):

Appellant next asserts that his "confrontation rights were further eroded when a charged suspect who had plead [sic ] guilty to the offense refused to testify because his sentencing hearing was imminent." One of the paramount protections afforded any criminal defendant is the right to refuse to testify on the grounds that his testimony may tend to incriminate him. (People v. Coleman (1975) 13 Cal.3d 867, 875-876, 120 Cal.Rptr. 384, 533 P.2d 1024.) Appellant cites no authority for the proposition that the exercise of this right by a codefendant is concurrently a denial of appellant's right to confront and cross-examine witnesses.

[178 Cal.App.3d 700] Furthermore, a defendant is not entitled to a grant of immunity for a defense witness who claims the Fifth Amendment. (People v. Sutter (1982) 134 Cal.App.3d 806, 814-817, 184 Cal.Rptr. 829.) This contention is without merit.

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