Testifying in a Legal Proceeding
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant’s own lawyer cannot force the defendant to take the witness stand against his or her will. However, a defendant who does choose to testify cannot choose to answer some questions but not others. Once the defendant takes the witness stand, this particular Fifth Amendment right is considered waived throughout the trial.
In the 2001 case Ohio v. Reiner, the U.S. Supreme Court held that “a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The [Fifth Amendment right against self-incrimination] serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.” This case beefed up an earlier ruling that prosecutors can’t ask a jury to draw an inference of guilt from a defendant’s refusal to testify in his own defense.
Can Any Witness Plead the Fifth?
At a criminal trial, it is not only the defendant who enjoys the Fifth Amendment right not to testify. Witnesses who are called to the witness stand can refuse to answer certain questions if answering would implicate them in any type of criminal activity (not limited to the case being tried). Witnesses (as well as defendants) in organized crime trials often plead the Fifth, for instance.
But unlike defendants, witnesses who assert this right may do so selectively and do not waive their rights the moment they begin answering questions. Also, unlike defendants, witnesses may be forced by law to testify (typically by subpoena).
- See more at: http://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html#sthash.pGdDLdAn.dpuf
Good clarification!
So, has the state of Maryland ruled that the witness may be compelled to testify, but still invoke his fifth amendment rights to specific questions, or has it ruled that he may not invoke his fifth amendment right at all?
If the former, I’d agree; if the latter, this looks to either get struck down at the federal level, or deal the Black Lives Matter an amazing pyrrhic victory. IOW, they win the case to compel the officer’s testimony, but they send thousands of more of the criminals they defend to prison.
But unlike defendants, witnesses who assert this right may do so selectively and do not waive their rights the moment they begin answering questions. Also, unlike defendants, witnesses may be forced by law to testify (typically by subpoena).
What if the witness testimony may implicate themselves and open them up to possible prosecution. Don’t these witnesses have the right to plead the fifth to these specific questions? If not, then they must be able to plead the fifth to *all* questions, under the U.S. Constitution, yes?
-Frank