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COLJI-Crim. D:14

ALTERNATE SUSPECT—FIFTH AMENDMENT INVOCATION

activein force · 2026-02-25 – presentcompiled-edition

The witness who just testified has chosen to exercise [his] [her]

privilege against self-incrimination, which is a right provided in the Fifth

Amendment to the U.S. Constitution. This privilege permits a witness to

refuse to answer questions where the answers might incriminate [him]

[her] in future criminal proceedings. An answer is incriminating not only

when it would itself support a conviction, but also when it would furnish a

link in the chain of evidence needed to prosecute the witness.

The privilege protects both an innocent witness and a wrongdoer. A

witness may exercise this privilege when [he] [she] has reasonable cause to

apprehend danger from a direct answer. You should draw no inferences

from a witness’s exercise of this privilege.

History

COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.

Provenance

Source
www.coloradojudicial.gov
Retrieved
2026-09-24
Edition
crim-2026-02-25
Content hash
bbcbfe8626dd2467defa6df2185c6a0329e8850a905145ed286a7ebf8936c91d
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