What is the current state of the law around the Fifth Amendment privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Vargas, No. A142775 (Cal. App. 2018):

The Fifth Amendment of the United States Constitution provides for a constitutional privilege against self-incrimination. Law enforcement must warn suspects before a custodial interview of their right to remain silent and to counsel, and that anything they say may be used against them. "After such warnings have been given, and such opportunity afforded him, the individual may knowingly and intelligently waive these rights and agree to answer questions or make a statement. But unless and until such warnings and waiver are demonstrated by the prosecution at trial, no evidence obtained as a result of this interrogation can be used against him." (Miranda, supra, 384 U.S. at pp. 478-479; quoted in People v. Whitson (1998) 17 Cal.4th 229, 244.)

Other Questions


What is the current state of the law regarding the privilege of the Fifth Amendment privilege against self-incrimination? (California, United States of America)
What is the current state's position on whether the First Amendment applies to the states through the Fourteenth Amendment due process clause? (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)
What is the current state of the law on prosecution comments on the Fifth Amendment? (California, United States of America)
Can a plaintiff amend his fifth amended complaint to state a cause of action? (California, United States of America)
What is the current state of the law on the prosecution's comments on the Fifth Amendment? (California, United States of America)
What is the current state of the law in the context of the Fifth Amendment? (California, United States of America)
What is the current state of the law in the context of the Fifth Amendment? (California, United States of America)
What is the current state of the law on "cruel and unusual punishments" under the Eighth Amendment of the United States? (California, United States of America)
What is the current state of the law on the privilege of psychotherapist-patient privilege? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.