60-425. Self-incrimination. Subject to K.S.A. 60-423 and 60-437, every natural person has a privilege, which he or she may claim, to refuse to disclose in an action or to a public official of this state or the United States or any other state or any governmental agency or division thereof any matter that will incriminate such person.
History: L. 1963, ch. 303, 60-425; January 1, 1964.
Cross References to Related Sections:
Accused shall not be a witness against himself, see Kansas Constitution, Bill of Rights, § 10.
Law Review and Bar Journal References:
Legislature changed Judicial Council's draft of section, "Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 214 (1962).
Privilege against self-incrimination is limited to "testimonial compulsion," Spencer A. Gard, 16 K.L.R. 125, 127 (1967).
"Amending the Kansas Juvenile Code," Richard H. Seaton, 16 K.L.R. 277, 280 (1968).
"Prosecutorial Misconduct in Closing Argument," Alan V. Johnson and Jeffrey S. Southard, 49 J.B.A.K. 205, 252 (1980).
"Criminal Procedure—Severed Defendant's Fifth Amendment Refusal to Testify at Co-defendant's Trial is Admissible to Impeach Defendant's Alibi Defense at His Own Trial—State v. Nott," Joe Rebein, 33 K.L.R. 189, 198 (1984).
"The New Malpractice Act: PEER Review," James P. Buchele, 87, No. 9, Kan.Med. 233, 234, 235 (1986).
"Invocation of the Fifth Amendment in Kansas Proceedings: Application of the Privilege and Rebutting the Imposition of Adverse Inferences," Jeff D. Morris, 73 J.K.B.A. No. 3, 14 (2004).
Criminal Procedure Survey, 56 K.L.R. 745 (2008).
CASE ANNOTATIONS
1. Improper cross-examination by prosecutor regarding defendant's assertion of fifth-amendment rights; harmless error. State v. Dodson, 222 Kan. 519, 522, 565 P.2d 291.
2. Cited in construing K.S.A. 22-3415 as conferring power on attorney general and district and county attorneys to grant immunity for testimony before an administrative agency. Governmental Ethics Commission v. Cahill, 225 Kan. 772, 775, 594 P.2d 1103.
3. Where defendant testified at own trial, court erred in prohibiting cross-examination regarding refusal to testify at earlier trial of fellow defendant. State v. Nott, 234 Kan. 34, 40, 669 P.2d 660 (1983).
4. Unavailability as witness (K.S.A. 60-459(g)(1)) considered where former codefendant invoked Fifth Amendment and prior cross-examination (K.S.A. 60-460(c)) possible. State v. Haislip, 237 Kan. 461, 487, 701 P.2d 909 (1985).
5. Fifth Amendment privilege against self-incrimination extends "at least" through sentencing; witness's direct contempt adjudication reversed. State v. Rucas, 12 Kan. App. 2d 68, 71, 734 P.2d 673 (1987).
6. Cited; privilege against self-incrimination of witness who pled guilty at own trial when testimony sought at another's trial examined. State v. Longobardi, 243 Kan. 404, 407, 756 P.2d 1098 (1988).
7. When admissibility of defendant's postarrest/post-Miranda silence permitted examined. State v. Searles, 246 Kan. 567, 574, 793 P.2d 724 (1990).
8. Evidence of aiding and abetting attempted escape from custody admissible to show bias. State v. Bowman, 252 Kan. 883, 890, 850 P.2d 236 (1993).
9. Whether court's refusal to force codefendant to testify denied defendant right to compel witness testimony examined. State v. Green, 254 Kan. 669, 676, 679, 867 P.2d 366 (1994).
10. Whether conviction and sentencing of codefendant removed 5 th Amendment protection for codefendant's testimony in defendant's trial examined. State v. Johnson-Howell, 255 Kan. 928, 939, 881 P.2d 1288 (1994).
11. Rights, under constitutions of the United States and state of Kansas, of persons called as witnesses in inquisitions. In re Investigation into Homicide of T.H., 23 Kan. App. 2d 471, 474, 932 P.2d 1023 (1997).
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