Does a defendant have standing to complain of a violation of third party's privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Cramer, H034348 (Cal. App. 2016):

A criminal defendant has a right upon request to have the jury instructed to draw no inference from the exercise of the defendant's constitutional right not to testify. (People v. Lopez (2005) 129 Cal.App.4th 1508, 1535.) However, a defendant lacks standing to complain of a violation of a third party's privilege against self-incrimination unless the circumstances amount to a violation of the defendant's due process right to a fair trial. (People v. Jenkins (2000) 22 Cal.4th 900, 965-966.) "The violation of a third party's privilege against self-incrimination may deprive a defendant of his or her due process rights if such action adversely affects the reliability of testimony offered against the defendant at trial." (Id. at p. 966.) " 'When a defendant seeks to exclude evidence on this ground, the defendant must allege that the trial testimony is coerced [citation], and that its admission will deprive him of a fair trial [citation].' " (Ibid.) The concern for fairness is whether the violation was so coercive as to make the resulting trial evidence unreliable. (Id. at pp. 966-967.)

Other Questions


Does a defendant have standing to complain that a police interrogation violated a third party witness's Fifth Amendment privilege against self-incrimination? (California, United States of America)
Does a defendant have standing to complain of a violation of third party's privilege against self-incrimination? (California, United States of America)
Does a defendant have standing to complain about a violation of Fifth Amendment privilege against self-incrimination? (California, United States of America)
Does the violation of a third party's privilege against self-incrimination deprive a defendant of his due process rights? (California, United States of America)
When a criminal defendant requests document discovery from a third party, does the third party respond by delivering materials to the clerk of the court? (California, United States of America)
Can a defendant rely upon two federal appellate cases to argue that admitting third party threats may violate their right to a fair trial? (California, United States of America)
Does a defendant have standing to assert that another person's Fifth Amendment privilege was violated under the Miranda Act? (California, United States of America)
Does the exclusion of third party culpability evidence in a criminal case violate a defendant's right to present a defense? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
Can a defendant defend against criminal charges by presenting evidence of third party culpability? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.