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Thus, a person called to testify before Congress can refuse if they believe the government could use the testimony against them in criminal proceedings. To render the protections against self-incrimination ineffective, Congress can provide immunity from criminal prosecution.
Once the defendant takes the witness stand, this particular Fifth Amendment right is considered waived throughout the trial. When a defendant pleads the Fifth, jurors are not permitted to take the refusal to testify into consideration when deciding whether a defendant is guilty. In the 2001 case Ohio v.