CHILDREN AND THE LAW
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Evidentiary Issues
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Privileges-Discovery
.........Self-Incrimination
6 Cards On This Topic:
Sex offender-probationer's Fifth Amend. privilege against self-incrimination is not violated by Penal Code sex offender mgt. program where compelled disclosure of info. cannot be used to incriminate the probationer.
Trial court did not err in declaring minor W unavailable after he asserted privilege against self-incrimination and in admitting his prelim. hearing testimony instead.
Minor did not knowingly, intelligently and voluntarily waive his Miranda rights; error not harmless.
F could assert 5th Amend. privilege against self-incrim. in juv. court; whether or not F properly invoked privilege, court lacked authority to impose evidence sanction by striking other Ws' testimony.
Juv. court's sanctioning F for asserting his 5th Amend. right not to self-incriminate, by striking testimony of witnesses, was harmless error where testimony would have bolstered court's jurisdictional finding.
Prejudicial error to preclude F from presenting evidence or cross-examining Ws as sanction for invoking privilege against self-incrimination where it was unknown how preparer of SSA reports would have testified.