All Questions
Tagged with fifth-amendment self-incrimination
8 questions
2
votes
1
answer
548
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Has New Jersey v. Andrews ever been successfully challenged?
New Jersey v. Andrews is relatively new case law. Has it ever been successfully challenged at the district court level?
I'm aware of several cases where the state has seized a citizen's smartphone ...
- 127
3
votes
1
answer
2k
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Can a witness refuse to answer a question in a civil proceeding if it would incriminate her on a unrelated criminal matter?
Basically the title. I saw on a lawyer drama that a witness was compelled to answer because it was not a criminal case. But if the truthful answer uncovers a criminal matter that would incriminate the ...
- 181
2
votes
1
answer
180
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Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials
I'm quite confident that all users on Law StackExchange are well acquainted with the Fifth Amendment of the Constitution, which confers the privilege against self-incrimination upon witnesses as well ...
- 21
21
votes
2
answers
6k
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What kinds of sanctions would be applied if you wrongly invoked the Fifth Amendment?
Under the Fifth Amendment, one might say at a hearing, "I refuse to answer on the grounds that it would incriminate me." Suppose the subject matter were embarrassing, but not necessarily criminal. ...
- 6,548
1
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2
answers
292
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What happens if a person has evidence that an accused party is innocent, but to give that evidence would be self-incriminatory?
Suppose that Person A is accused of a crime. Person B (unbeknownst to anybody but themselves) actually committed the crime. Suppose further that Person B is called as a witness in the case of Person A....
- 311
5
votes
4
answers
894
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Claiming self-defense and refusing to self-incriminate at the same time
Bob shoots Rob dead. Noone saw what actually happened, no video footage, nothing. Bob does not deny shooting Rob but claims it was self-defense. He does not go into details — invoking his right not to ...
- 28.2k
1
vote
0
answers
65
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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 ...
- 209
1
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2
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905
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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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