CRJU 203 Lecture Notes - Lecture 10: Custodial Interrogation
23 Oct 2016
Department
Course
Professor
Document Summary
The 5th amendment says no person should be compelled in a criminal case to testify against themselves. The prosecutor cannot use it against the defendants lack of testimony against them. Generally, when someone knows about a crime they have an obligation to testify to assist the state in prosecuting someone. There are several privileges that exempt person from testifying. Religious privilege (priest penitent privilege): allows for if you go to your priest and confess to them they cannot be compelled to come in and testify against you. The medical privilege (doctor patient privilege includes nursing personal): any statements made for purpose of medical treatment are privileged. Marital privilege (also known as husband wife privilege): this privilege protects communication between spouses and the natural privacy between spouses. Anything said is privileged, but information such as plain sight (blood on clothes) has the right to. There is a way a judge can force a defendant to testify.
