How have courts interpreted the privilege against self-incrimination in a criminal case?

California, United States of America


The following excerpt is from People v. Sovereign, 16 Cal.App.4th 808, 20 Cal.Rptr.2d 413 (Cal. App. 1993):

In Howard, the trial court advised the defendant of his rights to a jury trial and confrontation in connection with a section 667.5, subdivision (b) allegation of a prior prison term. But the court overlooked the privilege against self-incrimination; no admonition or waiver of that right was given or received. Nevertheless, the defendant had been expressly told that he had a right to force the prosecutor to prove the prior conviction in a trial, at which time he would have the right to a jury determination and to confront the evidence against him. He was represented by counsel, and there was a strong factual basis for the plea. As to the defective waiver of the right against self-incrimination, the court observed that " '[a] plea of guilty is the most complete form of self-incrimination....' " (People v. Howard, supra, 1 Cal.4th at p. 1180, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) Under these circumstances the court held that the admission of the prior prison term was voluntary and intelligent despite the omission of an explicit admonition of the privilege against self-incrimination.

Other Questions


Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (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 section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted privilege in cases involving personal injury cases? (California, United States of America)
How have courts interpreted attorney-client privilege in cases involving personal information disclosure in a personal injury case? (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 the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
How have courts interpreted the Miranda rights in the context of criminal cases? (California, United States of America)
In what circumstances will the court interpret the testimony of accomplices as witnesses in a criminal case? (California, United States of America)
Does the court have any case law with respect to the interpretation of the law in the context of personal injury cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.