Legal Question in Constitutional Law in California
Fifth Amendment Right
Can a witness in a civil or criminal trial evoke his Fifth Amendment right to refuse to answer specific or particular questions selectively, or must he refuse to answer ALL questions in advance of answering even the first one put to him?
2 Answers from Attorneys
Re: Fifth Amendment Right
As a general rule, a witness cannot pick and choose individual questions to answer or not answer under the Fifth Amendment. The safest way to proceed, is to refuse to answer all questions in a particular subject area.
Re: Fifth Amendment Right
I believe Mr. Koury's answer is in error, although I have not researched the point and you should not take my answer as Gospel. I believe, however, that a witness may answer the questions he or she wishes to answer and may assert the Fifth Amendment privilege where he or she deems fit. Otherwise, showing up and answering the question "What is your correct name?" would seem to waive the Fifth Amendment protection -- an extraordinary result, as I see it.
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