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Questions tagged [fifth-amendment]

Rights enumerated in or derived from the fifth amendment to the U.S. Constitution.

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What do you do when the truth is something that can be proven false beyond a reasonable doubt?

Suppose you firmly believe something to be true but you know that it can be proven false beyond a reasonable doubt. This can happen if, for example, you witnessed something that is incredibly unusual. ...
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Can defense request findings of fact before resting?

Hypothetical scenario: A victim is identified with documented injuries consistent with having been struck with a weapon. The police find and charge a person (now "Defendant") that they claim ...
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Does the 5th Amendment only apply to federal government

The 5th Amendment of the Constitution of the United States says No person shall be held to answer for a... crime, unless on a presentment or indictment of a Grand Jury..., nor be deprived of life, ...
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Can reporting illegal income be used as incriminating evidence? [duplicate]

As we all know, in the United States it is required to report and pay taxes on income obtained illegally. Can the fact that this income is mentioned on a person's tax return be used as evidence that ...
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Suspending White House hard pass & preliminary injunction

Jim Acosta was asked by the Secret Service to surrender a White House hard pass as the result of an altercation in a press event. The White House press secretary explained that it being suspended ...
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How does the mandate to report income from illegal activities in the US jibe with the Fifth Amendment?

Al Capone was famously taken down for tax evasion for not reporting income from his illegal activities. If someone were to report the income from illegal activities like a marijuana dispensary or a ...
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Suppose an effective truth serum existed. Could defendants in the following situations have their confessions ruled inadmissable?

Suppose a "Hollywood style" truth serum existed, whereby if a person is given the serum, that person is compelled to truthfully answer any question put to them. The following facts are true in all of ...
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Immunity to prosecution vs multiple jurisdiction

Consider the following scenario: Witness (not defendant) asked to testify at a civil case at a state court. Witness takes the fifth out of nowhere, that is at a completely unexpected place in ...
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Can you be legally compelled to disclose your password in a criminal investigation? [duplicate]

Let's say you use encryption on your computer, and you've been arrested. The police believe there is evidence on your computer, and have seized the computer via a warrant. The police cannot extract ...
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What are the 5th Amendment Rights of Minor Students with respect to School Resource Officers?

I am wondering how to teach my children what Professor James Duane of Regent University advises: Don't Talk to the Police. Then I considered that in reaction to school shootings, my local school ...
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Can I refuse to answer a question asked by US Census taker by invoking the 5th Amendment?

Refusal to answer census questions is covered under 13 USC Sec 221, providing for a fine of no more than 100.00; that acknowledged, can a person elect to refuse to answer a specific question because ...
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Immunity as a limit on the 5th amendment

I was reading over this answer, and it occurred to me that, when offering immunity, the prosecutor does not have foreknowledge of what the defendant will ultimately reveal. (After all, if the ...
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How is the limit of the Fifth Amendment enforced?

What prevents someone from pleading the Fifth Amendment, even if they don't necessarily have something that would incriminate themselves if they answered? Does the opposition have to prove that ...
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What, Legally, Justifies Eminent Domain?

In the United States, under the Taking Clause of the Fifth Amendment, the Federal Government's power of Eminent Domain is established: nor shall private property be taken for public use, without ...
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Must the State compensate individuals from whom property is seized as evidence?

Pursuant to the Fourth Amendment, law enforcement officers routinely obtain warrants under a "probable cause" standard to seize items that may contain evidence of a crime. This is a taking of private ...
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Can 5th amendment protection be successfully employed to block discovery of a document?

Commonly witnesses may invoke the fifth amendment to avoid incriminating testimony, but can the fifth be invoked to refuse production of documents (for example e-mails) that may incriminate. Could the ...
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After being pardoned, can one be forced to testify in civil and criminal cases?

After being pardoned, can one be forced to testify in civil and criminal cases with no protection against self-incrimination? My example is how Trump has pardoned former Arizona sheriff Joe Arpaio; ...
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Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a ...
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When and how, after being arrested, can a person hire their own attorney?

I've never been arrested or been a party in any legal case (other than minor traffic violations) that warranted getting an attorney, so having never hired legal counsel, forgive me if this is an ...
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Can a Corporation Exercise a Fifth-Amendment Right Against Self-Incrimination?

So I googled "can corporations plead the fifth?" and I got a bunch of non-cited sketchy sources. Is there a precedent around a corporation refusing to produce documents as a result of a subpoena to ...
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Signal violation in vehicle not owned by driver

Guy runs a red light in a vehicle he doesn't own. Owner gets all the information and a slip to identify the driver. Can the owner just send a letter like this and have the violation(s) dropped: I, ...
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Does the fact that you look like a guy who committed a crime constitute grounds for detention?

Does the fact that you look like a guy who committed a crime constitute grounds for detention? In other words, can you be pulled over for looking like a suspect who committed some crime and for no ...
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Can the Fifth Amendment protection against self-incrimination be invoked in a civil deposition? [duplicate]

Can the Fifth Amendment protection against self-incrimination be invoked in a civil deposition? Assuming it can be, what potential consequences may the invocation have, if any?
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Can a US court order the revelation of a secret that might incriminate the revealer?

I think the question is self explanatory. It might also be naive. In the light of: the FBI request to Apple to allow access to data on a phone the protections of the fifth amendment the Snowden ...
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Is there ever a case where invoking the right against self incrimination is in itself incriminating?

Does the invocation of the 5th amendment ever constitute evidence of having committed a crime?
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Do immunity agreements really work?

Suppose I commit a murder of a federal official and get away with it. Later I discover that some other unfortunate individual is being prosecuted for the murder I committed. I feel sorry for him, so ...
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Does the right against self incrimination mean you can't be forced to file a tax return?

Irwin Schiff claims that because you have a right against self incrimination and therefore it is wrong for you to have to reveal anything about what you make. Therefore, the government can levy the ...
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Can a person plead the fifth to refuse to acknowledge his identity?

The answer to my earlier question here: Can you plead the fifth to avoid revealing the identity of someone you were accused of being? ended up with a side debate I wanted to determine the answer to. ...
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Can you plead the fifth to avoid revealing the identity of someone you were accused of being?

This is a question for the sake of a story, I'm not seeking legal advice to use in court, just fact checking general laws. Any elaboration on interesting facets that may be useful for story writing ...
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Under the 5th Amendment, how much compensation must a government agency pay after it seizes a piece of land?

I have a friend whose property was seized by the city for public use. We think he was underpaid because it was worth more than the City paid. How could this disagreement be prosecuted?
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Can a US citizen be required to provide the authentication key for encrypted data on a confiscated computer?

I'm asking this for the sake of a story I was considering writing. Assume that someone has a computer, and within that computer he has some encrypted data. He is accused of a crime and the police ...
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Why was the due process clause added to the 14th Amendment?

The 5th Amendment and the 14th Amendment both have due process clauses. The texts are almost identical: The Fifth Amendment: [N]or shall any person . . . be deprived of life, liberty, or property, ...
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Can a potential juror plead the fifth?

I am interested in the law surrounding jurors. During juror selection (voir dire) a potential jurors can be asked questions to determine their suitability to serve on the jury. Is it ever legal for a ...
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Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?

Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location. If the ...