Fifth Amendment (to United States Constitution):
| Library | The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.) |
► FIFTH AMENDMENT (TO UNITED STATES CONSTITUTION): The Fifth Amendment of the United States Constitution directs that no person 'shall be compelled in any criminal case to be a witness against himself' (US Const Amend V).
Effect of Waiver: "'[A] witness who foregoes the protection of the constitutional privilege against self-incrimination by giving testimony to his advantage . . . cannot in the same proceeding assert the privilege and refuse to answer questions that are to his disadvantage . . .'" (People...
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