Crim Pro 12

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  1. Who can assert the privilege against self-incrimination?
    ANYONE, including

    • ∆s
    • witnesses
    • parties to CIVIL proceedings
  2. In what TYPE OF PROCEEDING may the privilege be asserted?
    ANY PROCEEDING where individual testifies UNDER OATH

    NY DISTINCTION--can't be asserted in a GRAND JURY proceeding
  3. When must the privilege be asserted?
    AT THE FIRST OPPORTUNITY (TO TESTIFY)

    otherwise, it is WAIVED FOREVER
Author
ID
23862
Card Set
Crim Pro 12
Description
Crim Pro 12 - "Taking the Fifth"
Updated
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