What is the burden of establishing the hazard of incrimination of a witness under the Fifth Amendment?

establish the hazard of incrimination. The court, not the witness, determines whether a witness's silence is justified. Unless the question clearly calls for an incriminating answer the witness who has asserted the privilege bears the burden of satisfying the court that an answer would have a tendency to incriminate the witness. (People v. Ford (1988) 45 Cal.3d 431, 440.) "When the privilege has been asserted, the court determines whether its exercise is proper. 'In this state, as in every other state so far as we can find, the witness is not the final judge of his right to exercise the privilege. The court must determine whether the answer might incriminate the witness.'" (Id. at p. 441; Roberts v. United States (1980) 445 U.S. 552, 560, fn. 7 [It is "the duty of the court to determine the legitimacy of a witness's reliance upon the Fifth Amendment."].)