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13. How should the court treat the woman's claim of privilege?
A woman sued her friend for injuries she received as a passenger in the friend's car. On direct examination, the woman testified that the friend had been speeding and ran a red light. On cross-examination, the woman was asked whether she was under the influence of drugs at the time of the accident. The woman invoked the privilege against self-incrimination.
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Testimony is incriminating if it ties the witness to the commission of a crime or would furnish a lead to evidence tying the witness to a crime; the testimony need not prove guilt. Hoffman v. United States, 341 U.S. 479 (1951). A witness cannot refuse to answer because of exposure to civil liability; it must be to avoid criminal liability.
C is correct. Under the Fifth Amendment to the Constitution, a witness cannot be compelled to testify against herself. A witness in a civil or criminal proceeding may refuse to give an answer that tends to connect the witness to the commission of a crime. The woman, therefore, cannot be forced to reveal facts that could subject her to criminal prosecution. If she were to disclose that she was under the influence in the car, this could lead to criminal liability.
A is incorrect. Although a person can waive the privilege against self-incrimination by voluntarily testifying about the incriminating matter, in this case, the woman had not yet testified about anything that was self-incriminating. Therefore, she may invoke the privilege regarding questions whose answers may lead to criminal liability.
B is incorrect. A standard impeachment method is to challenge the ability of a witness to perceive and remember the event about which the witness is testifying. If the woman was under the influence of drugs, the accuracy of her observations could certainly be questioned. However, an evidence rule allowing this type of impeachment cannot prevail over the woman's constitutional right not to incriminate herself.
D is incorrect. This answer reaches the correct answer with the wrong reasoning. Even if a witness has not been convicted of a crime, an admission by that witness that she may have been involved in criminal activity could certainly affect her credibility.