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To: Canedawg
The rights afforded by the Fifth Amendment, including the right to not be compelled to testify against oneself, expressly apply to criminal matters. There is no such protection in civil, or non-criminal matters.

So, in a civil or non-criminal matter can a person can be forced to say something that can and will be used against him in a separate and criminal matter or can what the person is forced to say not be used against him in a separate and criminal matter?

139 posted on 12/21/2008 7:58:43 AM PST by KrisKrinkle
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To: KrisKrinkle; djf

You have the privilege to refuse to say anything that will incriminate you, and it extends to both civil and criminal proceedings.

However, barring any privilege, such as the Fifth Amendment, attorney client privilege, work product, etc., you can not refuse to answer questions that are not covered by the privilege.

So, if you are in accident and are sued, you do not have to answer questions about what was in your car trunk at the time if the answer would tend to incriminate you.

However, you would be compelled to answer questions about what color the light was or how fast you were going before the accident.

You can not claim the privilege if it doesnt apply to the substance of your answer. And the Fifth Amendment applies to matters that would incriminate you.


144 posted on 12/21/2008 8:16:50 AM PST by Canedawg ("The light shines in the darkness, but the darkness has not understood it")
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To: KrisKrinkle; Canedawg

No.

You cannot be forced to answer in any way, shape, or form, any question or inquiry or discovery, even if it only has a possibility of linking you to criminal prosecution.

Imagine this:

You are getting divorced so you and a friend John take your couch to your new apartment.

Your wife sues you for the couch and says something in court about you and John.

(A week earlier, you and John did a bank heist, so you know it’s probably a good thing to not admitting you ever heard of John)

It would be perfectly appropriate in the civil suit to not answer any questions at all that might even HINT you had ever known John.

The assertion of the right against self incrimination
CANNOT BE DENIED and CANNOT BE USED AGAINST YOU, ie CANNOT EVEN TEND TO LEAN A JUDGMENT AGAINST YOU.

If an appeals court found that this was violated, and the judgment had gone against you, it would be tossed immediately.


146 posted on 12/21/2008 8:33:02 AM PST by djf (< Tagline closed until further notice. Awaiting bailout >)
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To: KrisKrinkle
Amendment V, Constitution for the United States

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

209 posted on 12/21/2008 7:50:56 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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