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To: SmithL

The judge is holding her in contempt for using the 5th Amendment to the US Constitution?

Her lawyer should have a field day with this if he is competent.


3 posted on 12/15/2008 1:07:01 PM PST by mnehring
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To: mnehrling

She was not held in contempt for using the 5th Amendment.

She bungled her only chance to talk the judge out of throwing her in jail for contempt by invoking the 5th Amendment.


7 posted on 12/15/2008 1:14:58 PM PST by SmithL (Drill Dammit!)
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To: mnehrling

The difference is that taking the 5th Amendment is only effective in criminal proceedings and it looks like this was a civil proceeding.

Colonel, USAFR


28 posted on 12/15/2008 1:41:14 PM PST by jagusafr ("Bugs, Mr. Rico! Zillions of 'em!" - Robert Heinlein)
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To: mnehrling

If it is a civil case, she has to answer in most cases. If she objectively thinks she may have some potential criminal liability, she is wise to stay silent without a grant of immunity.


31 posted on 12/15/2008 1:44:00 PM PST by SeaHawkFan
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To: mnehrling

The 5th Amendment applies in CRIMINAL, not Civil cases. If you read the article carefully, you will note that the proceeding was civil, and the invocation of the 5th Amendment had nothing to do with questions regarding the homicide or her sexual misconduct.

By the bye, a prosecutor can give a witness, even a defendant, in a criminal case, immunity. If he does, the person cannot invoke the 5th, and a refusal to answer constitutes contempt of court.


57 posted on 12/15/2008 11:32:08 PM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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