UNDER THE THEORY OF TESTIMONIAL WAIVER OF THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION, A WITNESS MAY, BY MAKING CERTAIN STATEMENTS, WAIVE THE PRIVILEGE WITH RESPECT TO FURTHER INFORMATION SOUGHT FROM THE WITNESS. THE CRITICAL ANALYTICAL ISSUE IS THE NATURE OF THE RELATIONSHIP BETWEEN THE WITNESS' STATEMENT ALREADY GIVEN AND THE ADDITIONAL INFORMATION BEING SOUGHT FOR WHICH WAIVER OF PRIVILEGE APPLIES. JUDICIAL DECISIONS ON THIS ISSUE FOLLOWED TWO RATIONALES: (1) UNLESS THE INFORMATION BEING SOUGHT CAN INCRIMINATE THE WITNESS BEYOND TESTIMONY ALREADY GIVEN VOLUNTARILY, THE PRIVILEGE AGAINST SELF-INCRIMINATION IS PRESUMED WAIVED; AND (2) THE PRIVILEGE AGAINST SELF-INCRIMINATION IS CONSIDERED WAIVED FOR TESTIMONY NEEDED TO COMPLETE AN AREA OF FACT-FINDING OPENED UP BY TESTIMONY ALREADY GIVEN BY THE WITNESS. BOTH OF THESE RATIONALES FOR WAIVER OF THE PRIVILEGE AGAINST SELF-INCRIMINATION IN THE COURSE OF TESTIMONY FAIL TO PROVIDE CLEAR STANDARDS FOR WITNESS OR COUNSEL IN DETERMINING TESTIMONY AND FACT LINKAGES WHICH MAY CAUSE THE COURT TO INVOKE THE WAIVER. THE ONLY APPROACH THAT WOULD BE FAIR TO THE WITNESS INVOLVES THE COURT INSTRUCTING THE WITNESS PRIOR TO ENTERING AN AREA OF TESTIMONY, THAT THE MAKING OF CERTAIN STATEMENTS CAN LEAD TO A WAIVER REQUIRING ADDITIONAL STATEMENTS ABOUT RELATED MATTERS. THIS INSTRUCTION WOULD NOT BE REQUIRED IF, CONSIDERING THE CONTEXT OF THE FIRST STATEMENT, THE WITNESS KNEW OR SHOULD HAVE KNOWN THAT THE MAKING OF THE FIRST STATEMENT WOULD LOGICALLY LEAD TO REQUESTS FOR ADDITIONAL INFORMATION. THIS SORT OF 'REASONABLE PERSON' TEST IS NOT UNCOMMON FOR DETERMINING THE VOLUNTARINESS OF AN INDIVIDUAL'S WAIVER OF CONSTITUTIONAL RIGHTS. FOOTNOTES ARE PROVIDED. (RCB)