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To: MeanWestTexan
The Fifth Amendment only applies in criminal matters. Divorce is a civil matter.

"The Fifth Amendment 'can be asserted in any proceeding, civil or criminal, "
http://www.lectlaw.com/def/f083.htm

Not that I'm trying to defend what this woman did (far from it!), but the law is the law.
If she was not held in contempt for repeated 5th Amendment use, what is the contempt charge?

40 posted on 12/15/2008 2:06:41 PM PST by jeffc (They're coming to take me away! Ha-ha, he-he, ho-ho!)
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To: jeffc
Sure the fifth can be asserted in a civil case, but only if the information requested could subject the person to criminal prosecution. If, for example, what time she dropped the kids off at school was somehow of relevance in the child custody case, she could not successfully plead the fifth to avoid answering the question because the answer would not expose her to criminal prosecution.

Many people don't want to answer questions in civil cases because it embarrasses them, costs them money, or otherwise leads to a result they don't want. Unless answering the question has the reasonable potential to land them in jail they can't avoid contempt charges by pleading the fifth.

43 posted on 12/15/2008 2:17:41 PM PST by KevinB (John McCain is to the Republican Party as James Taylor is to the the Rock and Roll Hall of Fame)
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To: jeffc
Swann deemed Erin McLean guilty of keeping her sons away from father Eric McLean despite an order by Swann filed in February giving him equal parenting time.

He also found her guilty of contacting the boys after the judge had ordered both parents in October to have no contact absent approval from a child psychologist and Swann himself.
She was found guilty on 17 counts of contempt, none of which was for invoking the 5th Amendment.
45 posted on 12/15/2008 2:21:18 PM PST by SmithL (Drill Dammit!)
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To: jeffc

It can be asserted in a civil matter to protect you from criminal prosecution, but it is still subject to civil penalty.

Also, groundless claims of 5th amendment privilege are subject to contempt.

Here, this was a civil divorce. I don’t see what criminal prosecution she could face. She just didn’t want to admit she was banging some 18 year old.


46 posted on 12/15/2008 2:25:01 PM PST by MeanWestTexan (Beware Obama's Reichstag fire.)
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