What is the test for compelled testimony in a criminal case?

California, United States of America


The following excerpt is from People v. Delara, D057180, Super. Ct. No. SWF012004 (Cal. App. 2011):

The Fifth Amendment to the United States Constitution provides that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself." This provision applies to the states under the Fourteenth Amendment's due process clause. (Malloy v. Hogan (1964) 378 U.S. 1, 8.)

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