Printable Format60-424. Definition of incrimination. A matter will incriminate a person within the meaning of this article if it constitutes, or forms an essential part of, or, taken in connection with other matters disclosed, is a basis for a reasonable inference of such a violation of the laws of this state as to subject the person to liability to punishment therefor, unless he or she has become for any reason permanently immune from punishment for such violation.
History: L. 1963, ch. 303, 60-424; January 1, 1964.
Cross References to Related Sections:
Accused shall not be a witness against himself, see Kansas Constitution, Bill of Rights, ยง 10.
Law Review and Bar Journal References:
"Amending the Kansas Juvenile Code," Richard H. Seaton, 16 K.L.R. 277, 280 (1968).
"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).
CASE ANNOTATIONS
1. Conflicting statements of defendant as to whereabouts at the time of crime held admissible in criminal case. State v. Donahue, 218 Kan. 351, 353, 543 P.2d 962.
2. Cited in dissent where majority found error in prohibiting cross-examination of defendant regarding refusal to testify at earlier trial of fellow defendant. State v. Nott, 234 Kan. 34, 55, 669 P.2d 660 (1983).
3. Unavailability as witness (K.S.A. 60-459(g)(1)) considered where former codefendant invoked Fifth Amendment (K.S.A. 60-425) and prior cross-examination (K.S.A. 60-460(c)) possible. State v. Haislip, 237 Kan. 461, 487, 701 P.2d 909 (1985).
4. Criminal constitutional considerations as inapplicable in habitual violator action (K.S.A. 8-284 et seq.) examined. State v. Hines, 14 Kan. App. 2d 100, 102, 783 P.2d 350 (1989).
5. Cited; whether court's refusal to force codefendant to testify denied defendant right to compel witness testimony examined. State v. Green, 254 Kan. 669, 679, 867 P.2d 366 (1994).