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5th Am
- Anyone may assert the privilege
- may be asserted in any proceeding where individual testifies under oath
- *must be asserted at the first opportunity or forever waived
- protects against compelled testimony but not use of bodies
- Disallows negative prosecutorial comment on D's deicision not to testify or invocation of his right to silence
- Three ways to eliminate privilege
- 1. prosecution cannot use your testimony or anything derived from it to convict you (other info ok), but can use info before invocation of immunity
- 2. by taking the stand wavies as to anything properly w/in scope of cross
- 3. unavailable if the SOL has run on underlying crime (couldn't be exposed to criminal prosecution)
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MS Speedy Trial
- evaluate totality of the circumstances including length of dely (not fixed but see statutes), reason for dealy, whether D asserted right, prejudice to D
- Remedy is dismissal of case with prejudice
- Attaches when arrested and formally charged
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VA Speedy Trial
- Time Limits:
- -D in custody - 5 months from preliminary hearing
- -D no in custody - 9 months from preliminary hearing
- Trial is deemed commenced at point when double jeopardy attaches or when plea of guilty or nolo contendere is tendered
- Tolling: insanity, escape, witness issues, separate trials, hung jury, natural disaster, continuance on motion by accused, appeals
- Waiver: by failing to invoke until after final judgment or failing to oppose motion for continuance
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TRIAL PUBLICITY
- Due process entitles D to an impartial trier of fact
- Judge may
- delay the trial
- sequester the jury
- change of venue
- close
- But Judge must leave trial open unless there is a compelling interest and no less restrictive alternative
- Ask whether cameras will adversely affect the trial
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