California, United States of America
The following excerpt is from The People v. Mendez, C060024, No. SF104268A (Cal. App. 2010):
When a witness refuses to answer by invoking the privilege against self-incrimination, the trial court has a duty to determine whether the witness has a reasonable apprehension of incurring jeopardy by answering. (People v. Seijas, supra, 36 Cal.4th at p. 304.) "Consistent with these principles, our Evidence Code provides that when a witness grounds a refusal to testify on the privilege against self-incrimination, a trial court may compel the witness to answer only if it 'clearly appears to the court' that the proposed testimony 'cannot possibly have a tendency to incriminate the person claiming the privilege.' (Evid. Code, 404.)" (People v. Cudjo, supra, 6 Cal.4th at p. 617.)
When the trial court determines that a witness will refuse to testify based on the privilege against self-incrimination,
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