What is the current state of the law on the privilege of self-incrimination?

California, United States of America


The following excerpt is from People v. Avina, E070428 (Cal. App. 2020):

"'"[I]t is the better practice for the court to require the exercise of the privilege [against self-incrimination] out of the presence of the jury."' [Citation.]" (People v. Smith, supra, 40 Cal.4th at p. 517.) "'[P]ermitting the jury to learn that a witness has invoked the privilege . . . serves no legitimate purpose and may cause the jury to draw an

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improper inference of the witness's guilt or complicity in the charged offense.' [Citations.]" (Id. at pp. 516-517.)

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