Questions tagged [self-incrimination]
The self-incrimination tag has no usage guidance.
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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 ...
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How do USA nationals pay taxes on illegal income without self incriminating themselves? [duplicate]
I am not an American but this has always baffled me. From what I understand, American government is not allowed to compel someone to self incriminate themselves. However, IRS wants people to report ...
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Can statements used in one's defence in one trial be used as evidence against the defendent in another trial?
John broke into Mary's car and James robbed ABC Bank at the same time. John and James are both suspects in the ABC Bank case, but nobody has any idea who broke into Mary's car. If John says at his ...
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(Car accident) Is there a way to accept civil liability without incriminating yourself?
Someone I know it was driving recently when another driver ran a red light and hit them. The police were called, and the other driver admitted everything. In addition to being at fault for the ...
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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 ...
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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 ...
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Should I retain a criminal defense lawyer just in case?
Myself I am very law abiding citizen and never was approached by police in the 20+ years that I am in America. But in this never talk to police video they claim that innocent people went to prison ...
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During an investigation, can a US law enforcement officer say something is legal if it is not?
When investigating something that has already happened, can a US law enforcement officer say "x is perfectly legal" to get someone to confess to having done x (which is not actually legal and someone ...
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Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)
I serve on an HOA board, and a fellow board-member believes we can compel someone to prove they're not violating a rule, and punish them if they are violating it OR IF THEY REFUSE TO PROVE they aren't....
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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. ...
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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....
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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 ...
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When an alibi is another crime
If you get accused of a crime that happened when your were committing an unrelated crime at another part of town, could you use this as an alibi without incriminating yourself? Do judicial procedures ...
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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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Do arrestees have the right to private communication with a lawyer?
One of the foundational rights of an arrestee in US criminal law, as stated in the Miranda warning, is “the right to an attorney”. But if all communication with an attorney is monitored, it can be ...
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Neighbors are spying for landlord on Renters is it legal? [closed]
Can a landlord legally spy on their tentants?
Or Have Neighbors constantly spy for landlord
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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 a person be compelled to testify against themself in a civil trial?
I read that a key piece of evidence against Bill Cosby in his recent criminal trial was testimony he gave in a deposition in response to a civil suit filed against him by one of his accusers. In the ...
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How does the 5th amendment protect a defendant from disclosing a phone password?
I read about a case where the authorities were trying to gain access to the defendant's phone to look for evidence (text messages). The authorities were unable to access the phone (I don't know how ...
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What are the laws, or the specifics about self-incrimination, on the Internet?
I'm not sure if this question has already been asked at some point, but searching for a question, and it's answers, seems to not be such an easy feat on here. Soo, here's the specifics of my question:
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Why are documentary crews allowed to be a party to illegal activity?
I was recently watching a documentary that was about underground firearms trade. The crew found themselves in the Philippines where Colt .45 1911 knockoffs were being manufactured and stamped with ...
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Failing to mention when questioned something you later rely on in court
If you are arrested in the UK, you'll hear that your rights include a rider inserted by the 1994 Criminal Justice and Public Order Act, after "you do not have to say anything":
But, it may harm ...
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If a court witness self-implicates are they automatically charged?
If a witness under oath in court gives evidence that reveals they have committed a previously unknown crime or offence, are they automatically charged or is there another process that may or may not ...
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