Section 5.28 Application to Grand Jury Proceedings

• Library: Criminal Practice 2012 Supp

1. (§5.28) Application to Grand Jury Proceedings

The constitutional privilege against self-incrimination applies
to grand jury proceedings under Fed. R. Evid. 1101(c) and
(d)(2). This privilege extends to any compelled communications that lead to an incriminating inference. Andresen v. Md., 427 U.S. 463, 473–74 (1976) (active production of subpoenaed personal records may constitute compulsory authentication of incriminating information). The grand jury witness must be advised of Fifth Amendment rights...