Advise a witness on self-incrimination before an inquest
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the questions the lawyer has marked as capable of incriminating the witness, and the forum named in the instructions. Write no advice and no script.
- What the lawyer must review
- The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself. Minnesota Statutes section 390.11, subdivision 5, lets the county attorney subpoena inquest witnesses. Whether the privilege applies in that forum, and how the witness claims it, is advice you write after you have read the state cases and rules. The subdivision also says the inquest record may not be used in a civil action arising out of the death. That sentence is not a waiver of the privilege and it is not a national rule. CDC's point is that the office is a creature of state law. Opinion 512: the advice is yours. Model Rule 1.6: do not put the witness's account into a public tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.