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


The following excerpt is from People v. Jenkins, 22 Cal.4th 900, 95 Cal.Rptr.2d 377, 997 P.2d 1044 (Cal. 2000):

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. As we have said: "[W]hen the evidence produced at trial is subject to coercion ... defendant's due process rights [are] implicated and the exclusionary rule ... [is] applied. 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]." (People v. Badgett, supra, 10 Cal.4th at p. 344, 41 Cal.Rptr.2d 635, 895 P.2d 877, italics in original.)

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