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Results tagged with self-incrimination
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user 4501
2
votes
What are the laws, or the specifics about self-incrimination, on the Internet?
In the US, there are no laws against voluntary self-incrimination – that would violate the First Amendment. So anyone is free to say that they did some good act or some bad act, whether or not they ac …
- 217k
25
votes
Accepted
What kinds of sanctions would be applied if you wrongly invoked the Fifth Amendment?
In the US, a person is "within their rights" to invoke the Fifth Amendment, i.e. refuse to self-incriminate. However, the government can give a person immunity from prosecution for offenses having to …
- 217k
1
vote
Can someone be compelled to prove they are complying with a contract? (If contract doesn't s...
You need to start with the premise that you can punish a person: you can't (setting aside partental punishments). You could sue the member in court. As a civil matter, the elements would have to be pr …
- 217k
6
votes
Accepted
Can a witness refuse to answer a question in a civil proceeding if it would incriminate her ...
In McCarthy v. Arndstein, 266 U.S. 34, the Supreme Court declared that
The privilege is not ordinarily dependent upon the nature of the
proceeding in which the testimony is sought or is to be used. I …
- 217k
4
votes
Accepted
How do USA nationals pay taxes on illegal income without self incriminating themselves?
You would report illegal income via Schedule 1, line 8. At the bottom, after naming many specific legal sources of income there is a line 8z "Other income. List type and amount" with very little space …
- 217k
7
votes
Why are documentary crews allowed to be a party to illegal activity?
The general concept is reporter's privilege, which is a protection against being compelled to testify about confidential information. There is no clear national statute or ruling in the US, but most s …
- 217k
1
vote
During an investigation, can a US law enforcement officer say something is legal if it is not?
In general, police are allowed to lie. Certain statements are taken to be self-enforcing, for example "You are under arrest" means that you are under arrest, "Yes" in response to "Am I free to go" is …
- 217k