All Questions
Tagged with fifth-amendment us-constitution
13 questions
2
votes
2
answers
2k
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When you plead the 5th and a Judge asks you questions about it, is that conversation considered privileged?
If you invoke the right to not self-incriminate when testifying and the judge asks you questions in regards to whether you fear of incriminating yourself is reasonable.
Is that conversation considered ...
- 5,515
0
votes
1
answer
109
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How is Biden’s lawyers turning the documents over not a material breach of client-attorney confidentiality and a violation of the 5th, 6th Amendments?
If a client confessed to plans, in-going activity or intent to commit a crime, an attorney may disengage.
I would argue imposing a duty on an attorney to disclose their reasons if it requires court ...
- 119
13
votes
1
answer
8k
views
Can a foreigner invoke the fifth amendment?
Bob is a non-US citizen and is visiting the USA on a tourist visa. During his visit, he broke a US law. Law enforcement is unaware of that crime. While breaking the law, he is also a witness to some ...
- 241
3
votes
2
answers
238
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Legality of IRS requiring taxpayers to swear to statements
The IRS requires taxpayers to swear under "penalties of perjury" to their statements and figures given concerning their income. Since obviously this constitutes a potential incrimination, it ...
- 7,226
9
votes
2
answers
3k
views
Can you plead the 5th in a civil case?
There seems to be the idea that the right not to self-incriminate does not apply to civil cases. Is that true?
- 5,515
4
votes
1
answer
316
views
Can your silence be used against you?
Miranda rights say you have the right to remain silent and that anything you say can be used against you. My question is, can the exercise of this right be used against you at a trial? It seems that ...
- 5,515
2
votes
3
answers
320
views
Is the United States federal income tax an indirect tax under the 5th amendment?
I'm no American citizen, so I don't know that much about all the ins and outs of the Constitution. I've been watching a movie where one of the characters called the federal income tax "...
- 101
5
votes
1
answer
626
views
Would a confession obtained via Wonder Woman's Magic Lasso be admissible in US court, or any court?
There's a scene in Justice League (the movie from 2017) where a policewoman is taking down the stories of three criminals who are wrapped in in Wonder Woman's magic Lasso.
The Lasso does a couple of ...
- 1,648
8
votes
2
answers
2k
views
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 ...
- 205
11
votes
2
answers
3k
views
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 ...
- 1,726
3
votes
1
answer
125
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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?
- 3,078
4
votes
1
answer
1k
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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, ...
- 3,001
25
votes
1
answer
3k
views
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 ...
- 353