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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 01-23-2008, 10:43 PM
Junior Member
  
Join Date: Mar 2006
Posts: 8

Fifth amendment prosecutor obligation

What is the name of your state? NY

Does a prosecutor have to inform their witness about their
5th amendment rights against self-incrimination?

What if the prosecutor is asking their witness questions
and the witness' answers are incriminating him in a crime -
does the prosecutor have an obligation to inform the
witness of his 5th amendment rights against self-
incrmination and his ability to refuse to testify?

is there a rule that says the prosecutor has to do this?
  #2  
Old 01-24-2008, 04:53 AM
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Join Date: Jun 2005
Posts: 2,425
Ask the Prosecutor for limited or full immunity in return for your testimony.

Frequently, the Judge will stop testimony and have an attorney appointed for a witness who is incriminating him/her self. The Prosecutor doesn't have an obligation, but will frequently discuss the issue with the witness (it's usually that Prosecutor's office who will decide to charge or not - ask them for immunity).
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