Invocations as evidence: admitting nonparty witness invocations of the privilege against self-incrimination.

Nonparty witness invocation of the Fifth Amendment can be used as evidence in court hearings. Evidentiary use of such invocations does not violate either the Fifth Amendment or the Federal Rules of Evidence. Such evidence should be admitted in both civil and criminal trials. Judges should ensure that any such invocation's prejudicial impact does not exceed probative value. Such testimony should be admitted or not admitted according to the same standards as other testimony.