5th amendment: privilege against compelled self-incrimination
1. When asserted: where response might furnish a link in the chain of evidence needed to prosecute him; must be claimed in civil case to prevent privilege from being waived in later criminal proceedings
2. Method for invoking: criminal A has right not to take stand and not be asked to do so; others must assert privilege per question
3. Scope of protection: compelled testimony only, not physical evidence; state may use A’s body to incriminate him (e.g., make him show a tattoo)
4. Prohibitions against burdens on assertion of the privilege: cannot comment on A’s silence after being arrested or refusal to testify (A may ask for jury instruction that no inference be drawn); harmless error test
5. Elimination of privilege: cannot assert the right where there is a grant of immunity or no possibility of incrimination (e.g., statute of limitations has run)
6. Waiver of privilege: taking the stand waives privilege for criminal A; disclosing incriminating information is a waiver for other witnesses