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WITH WHAT KIND OF TESTIMONY OR INSTANCESFindCAN
THE
RIGHT BE INVOKED?
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> Commutative testimony involves the use of intelligence on the part of the accused or witness.
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Corrorarily, on cases on self-incrimination, the following are permissiblesubstance from
thepeople
body,
morphine from mouth, put on pants, physical exam, wallet, picture taking, etc. The following on the other
hand are not permissiblehandwriting, signature, and similar incidents which
involve the use of intelligence.
WHO MAY INVOKE THE RIGHT AGAINST SELFINCRIMINATION AND WHEN CAN SUCH PERSON INVOKE
THE RIGHT?
> An ordinary witness may invoke the right but he may only do so as each incriminating question is asked
> The accused himself may invoke the right, but unlike the ordinary witness, he may altogether refuse to take
the witness stand and refuse to answer any and all questions.
> But once the accused waives his right and chooses to testify on his own behalf, he may be crossexamined on matters covered in his direct examination. He cannot refuse to answer questions
during cross-examination by claiming that the answer that he will give could incriminate him for the crime he is
being charged.
> However, if the question during cross-examination relates to a crime different from that which he was
charged, he can still invoke the right and refuse to answer.
INCRIMINATION.
> Again, it depends. If he could still be charged for rendering false testimony, then he could invoke the right. If
he cannot anymore be charged for past criminality, then it could not invoke the right.
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