Is a defendant's claim that the use of prior inconsistent statements for impeachment is a violation of his Fifth Amendment privilege against self-incrimination and that there is error in the instructions?
California, United States of America
The following excerpt is from People v. Smith, 268 Cal.App.2d 754, 74 Cal.Rptr. 379 (Cal. App. 1969):
Defendant's contentions that the use of prior inconsistent statements for impeachment was a violation of his Fifth Amendment privilege against self-incrimination and that there was error in the instructions are also without merit. The rule that defendant's testimony may be impeached by prior inconsistent statements is well established. (Brown v. United States, 356 U.S. 148, 154--155, 78 S.Ct. 622, 2 L.Ed.2d 589.)
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