What constitutes a penalty for asserting Fifth Amendment privilege?
California, United States of America
The following excerpt is from Pacers, Inc. v. Superior Court, 162 Cal.App.3d 686, 208 Cal.Rptr. 743 (Cal. App. 1984):
"In this context 'penalty' is not restricted to fine or imprisonment. It means, as we said in Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229 [14 L.Ed.2d 106] ... the imposition of any sanction which makes assertion of the Fifth Amendment privilege 'costly.' " (Spevack v. Klein, 385 U.S. 511, 515, 87 S.Ct. 625, 628, 17 L.Ed.2d 574.)
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