What is the duty of a court to ensure that a witness is fully advised of their Fifth Amendment rights?

California, United States of America


The following excerpt is from People v. Ochoa, 121 Cal.App.4th 1551, 18 Cal.Rptr.3d 365 (Cal. App. 2004):

When it appears that a witness may give self-incriminating testimony, the court has a duty to ensure that the witness is fully advised of her Fifth Amendment rights. (People v. Schroeder (1991) 227 Cal.App.3d 784, 788, 278 Cal.Rptr. 237.) The court may do so by advising the witness or appointing counsel to advise the witness. (Ibid.) If the court chooses to advise the witness, it must do so in such a way as to fully advise the witness of the risks of testifying and the right not to testify, but not to coerce the witness not to testify. (Id. at p. 789, 278 Cal.Rptr. 237.) The coerciveness of an advisement is evaluated in light of all of the circumstances. (Id. at p. 793, 278 Cal.Rptr. 237.)

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