If a defendant takes the witness stand, what happens to their Fifth Amendment privilege against self-incrimination?

When a defendant takes the witness stand, they voluntarily choose to testify, which results in a complete waiver of their Fifth Amendment privilege against self-incrimination. The rationale behind this principle is that by choosing to speak and provide testimony, the defendant can no longer invoke the privilege regarding the subject matters they address in their testimony. This means that any questions related to the issues they testify about can be asked, and the defendant cannot refuse to answer on the grounds of self-incrimination.

This waiver is crucial because it reinforces the adversarial system of justice; if a defendant were allowed to remain silent about specific topics while voluntarily providing testimony, it could undermine the fairness of the trial process. The waiver is comprehensive, not just limited to portions of their testimony but extends to any incriminating information they might provide in those areas. Thus, the defendant must be aware that taking the stand results in giving up the shield provided by the Fifth Amendment for the entirety of their testimony, which includes cross-examination by the prosecution.