A criminal defendant may never invoke the privilege against self-incrimination if he or she chooses to testify because he or she automatically waives the privilege by choosing to testify.

Question

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A criminal defendant who chooses to testify waives the privilege against self-incrimination for matters related to their testimony, but they can still invoke it for questions that go beyond the scope of their direct testimony.

A Criminal Defendant May Never Invoke the Privilege Against Self-Incrimination