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Questions tagged [self-incrimination]

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10
votes
2answers
940 views

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 ...
8
votes
3answers
12k views

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 ...
5
votes
4answers
357 views

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 ...
3
votes
4answers
3k views

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 ...
2
votes
1answer
498 views

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
2
votes
2answers
222 views

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 ...
1
vote
1answer
123 views

Can a judge put me under oath for closing statements?

For a municipal traffic ticket trial in USA, can a judge put me under oath as I am about to give a closing statement? I declined to testify and accepted to give a closing statement instead. The judge ...
1
vote
2answers
377 views

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 ...
1
vote
1answer
76 views

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 ...
1
vote
2answers
137 views

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....
1
vote
0answers
24 views

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 ...
0
votes
2answers
138 views

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 ...
0
votes
1answer
69 views

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 ...
0
votes
3answers
573 views

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: ...