What is the test for striking a witness's entire testimony because he invokes the Fifth Amendment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mays, 999 F.2d 545 (9th Cir. 1993):

Striking a witness's entire testimony because he invokes the Fifth Amendment is "an extreme sanction." United States v. Lord, 711 F.2d 887, 892 (9th Cir.1983). However, "[w]here a defense witness refuses to answer questions that go to the heart of the direct testimony on a central issue ... the truth seeking function of the court is impaired." Denham v. Deed, 954 F.2d 1501, 1504 (9th Cir.1992). Therefore, a district court may bar "a defense witness's testimony when the witness has refused on cross-examination to respond to questions on non-collateral matters." Id.

We have previously noted that "[t]he distinction between matters which are 'collateral' and those which are 'direct' is not precise or easy." United States v. Seifert, 648 F.2d 557, 561 (9th Cir.1980). Since the distinction between matters which are collateral and those which are direct can only be made by referring to the particulars of the case at hand, " '[a] trial court has wide discretion to determine whether a witness's testimony must be stricken because cross-examination was restricted.' " Seifert, 648 F.2d at 561-62, (quoting United States v. Star, 470 F.2d 1214, 1217-18 (9th Cir.1972)).

Other Questions


Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
How does the Fifth Amendment protect a defendant's Fifth Amendment right to remain silent? (MultiRegion, United States of America)
What is the government's argument that there is a Fifth Amendment privilege against self-incrimination under the Fifth Amendment? (MultiRegion, United States of America)
Can a witness who voluntarily testifies on her own behalf invoke the Fifth Amendment privilege as to the details of their testimony? (MultiRegion, United States of America)
Can a defendant who has been charged with a capital crime under the Fifth Amendment be held to answer for his Fifth Amendment? (MultiRegion, United States of America)
Does a refusal constitute a testimonial for purposes of the Fifth Amendment? (MultiRegion, United States of America)
Is the Fifth Amendment against double jeopardy absorbed into the Fourteenth Amendment? (MultiRegion, United States of America)
Is plaintiff entitled to amend his complaint to include a Fifth Amendment claim? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
Is a tattoo on the back of the head a testimonial for the Fifth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.