Does the privilege against self-incrimination apply to an individual who has been granted immunity from prosecution?

California, United States of America


The following excerpt is from People v. Andrade, E063762 (Cal. App. 2016):

We recognize "it is necessary or highly desirable to procure citizens' answers to official questions, including their formal testimony under oath. In such circumstances, an individual's invocation of the privilege against self-incrimination would frustrate legitimate governmental objectives. In light of the competing interests, it is well established that incriminating answers may be officially compelled, without violating the privilege, when the person to be examined receives immunity 'coextensive with the scope of the privilege' i.e., immunity against both direct and 'derivative' criminal use of the statements. [Citations.] In such cases, refusals to answer are unjustified, 'for the grant of immunity has removed the dangers against which the privilege protects. [Citation.]' [Citation.]" (Spielbauer v. County of Santa Clara, supra, 45 Cal.4th at pp. 714-715.)

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