CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Constitutional & Statutory Authority
6 Cards On This Topic:
  • Constitution provides right against self-incrimination.
  • Criminal suspect must be advised of constitutional rights and waive them before custodial interrogation.
  • State constitution provides for protection against self-incrimination.
  • Federal and state protections codified in Cal. Evid. Code.
  • D has statutory privilege to refuse to disclose incriminating matter to extent constitutionally allowable.
  • If party refuses to answer in interstate child custody dispute based on self-incrimination privilege, court may draw adverse inference.