Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Badeye
A witness may invoke his Fifth Amendment privileges in a civil proceeding where his answers might incriminate him in future criminal proceedings. (Lefkowitz v. Turley, 414 U.S. 70, 76 [1973] [citing McCarthy v. Arndstein, 266 U.S. 34, 40 [1924]). A witness may invoke his privilege against self incrimination even where no criminal charges are yet pending if there is even a possibility (not likelihood) of prosecution. (In re Master Key Litigation v. McCulloch, 507 F.2d 292, 293 [9th Cir. 1974] [see Hoffman v. United States, 341 U.S. 479, 486-87 (1951)).

Remember the Enron guys invoking the Priviledge during Congress' civil investigation of that debacle? You can invoke in civil proceedings.
28 posted on 07/21/2004 11:59:29 AM PDT by BikerNYC
[ Post Reply | Private Reply | To 27 | View Replies ]


To: BikerNYC

"Remember the Enron guys invoking the Priviledge during Congress' civil investigation of that debacle? You can invoke in civil proceedings."

I think you are confusing laws here, and what you can do while testifying before congress.


29 posted on 07/22/2004 6:59:09 AM PDT by Badeye ("The day you stop learning, is the day you begin dying")
[ Post Reply | Private Reply | To 28 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson