Is it appropriate for the court to allow a witness to invoke the Fifth Amendment?
California, United States of America
The following excerpt is from People v. Hecker, 219 Cal.App.3d 1238, 268 Cal.Rptr. 884 (Cal. App. 1990):
Here, for instance, it might have been appropriate for the court to have permitted Brittingham to testify, allowing the jury to draw negative inferences from his invocation of the Fifth Amendment. (Cf. United States v. Hearst (9th Cir.1977) 563 F.2d 1331, 1341-1342.) While it has generally been held inappropriate to allow a jury
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