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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.
Testifying in a Legal Proceeding. At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendantâs own lawyer cannot force the defendant to take the witness stand against his or her will.