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In a criminal trial, Sarah is being prosecuted for embezzlement. During the investigation, she was interrogated by police without being given a Miranda warning, during
In a criminal trial, Sarah is being prosecuted for embezzlement. During the investigation, she was interrogated by police without being given a Miranda warning, during which she made incriminating statements. These statements were ruled inadmissible in her trial due to the fact that the police failed to read Sarah her Miranda warning in violation of her Fifth Amendment rights. However, during the trial, Sarah decides to testify in her own defense. In her testimony, she provides an account of events that contradicts her earlier statements made during the police interrogation. The prosecution seeks to use her original statements to impeach her credibility, but Sarah's attorney objects citing the 5th Amendment. Can Sarah's original statements, which were previously excluded due to a Fifth Amendment violation, be used to impeach her credibility now that she has testified in her own criminal trial? Group of answer choices Yes, but only if the defendant is being called to the witness stand against their will. No, because statements excluded due to a Fifth Amendment violation can never be used in any capacity in the defendant's trial. Yes, because once a defendant chooses to testify at their own criminal trial, any prior statements, even if obtained in violation of the Fifth Amendment, can be used for impeachment purposes. No, because the defendant's testimony in their own trial is protected and cannot be contradicted by prior statements
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