What is the effect of a defendant waiving their Fifth Amendment privilege?

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When a defendant waives their Fifth Amendment privilege against self-incrimination, they open themselves up to questioning on all legitimate subjects related to the case. The Fifth Amendment gives individuals the right not to answer questions that might incriminate them, thereby protecting against self-incrimination. By waiving this privilege, the defendant acknowledges that they are willing to speak freely about matters concerning the case.

This means that during interrogations or testimonies, they can be asked about not only the charges directly, but also any relevant facts or circumstances that may relate to the case. It is essential to note that once the privilege is waived, the defendant cannot selectively choose which topics they wish to answer about; their waiver allows for a full scope of questioning within the appropriate context of the case. Thus, the waiver fundamentally changes the dynamics of the questioning process, allowing law enforcement or opposing counsel to explore the matter more comprehensively.

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