Does the Fifth Amendment of the Federal and California Constitution require a witness in a criminal case to be a witness against himself?
California, United States of America
The following excerpt is from Black v. State Bar, 103 Cal.Rptr. 288, 499 P.2d 968, 7 Cal.3d 676 (Cal. 1972):
The Fifth Amendment of the federal Constitution provides: 'No person . . . shall be compelled in Any criminal case to be a witness against himself.' (Italics added.) This provision is made applicable to the states by the Fourteenth Amendment. (Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653.) Article I, section 13, of the California Constitution contains a substantially identical provision.
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