There is no 5th amendment protection in a civil proceeding.
When someone refuses to answer a question in a civil proceeding, the answer is deemed to be whatever the questioner says it is.
The person is also held to be in contempt.
bttt
There is no 5th amendment protection in a civil proceeding.
Silly me. Taking seriously a headline of the LA Times.
So why can't she just say "no comment" ?
That’s not necessarily true. Testimony that you make before Congress can be held against you during a future criminal proceeding.
It may be a civil proceeding but answering cetain questions may result in aadmission of criminal liability, so the 5th applies.I have had folks invoke the 5th in a civil deposition. It happens.
The 5th goes beyond mere civil proceedings before Congress. The 5th recognizes that you have a right to *not* incriminate yourself ‘publically or privately’. Should you sit before congress in a civil hearing and admit or allude to breaking laws, that can and likely will be used against you. It also goes beyond legal and extends into the court of public opinion so immunity doesn’t compel testimony either.
I just made that up, but it sounds right.
Not true. First, in most states and in federal court a witness can invoke the 5th in a civil proceeding. However, when a witness invokes the 5th in a civil proceeding, the jury or judge may draw negative inferences from the witness' silence and presume that the witness is guilty.
Second, a witness may invoke the 5th when testifying before a congressional committee and the committee may grant the witness immunity with the consent of 2/3rd of the committee membership and approval of the federal district court.
Correct.
The 5th applies to criminal prosecution.
Go back and read your Miranda Rights. They are not rights. They are not rights but the 5th is. We have always had the right to remain silent under the Constitution. If the police show up and arrest me for bank robbery I know something is seriously wrong at the get go because I didn’t do it. I am absolutely the only one who knows that. If it gets to that point I plead the 5th and want a lawyer.
Miranda says anything you say can and WILL be used against you. Not may be or may exonerate you. It says will be used against you. If the prosecution has done their work properly your silence will not save you. Saying something that could be interpreted to help them even if you are innocent would help their case even if wrong.
And I am no bleeding heart lib by any stretch of the imagination.
And based on what I have read illegal things have happened and there is the carrot of a pardon if you keep your mouth shut.
That’s what the Bill of Rights is for. I hope Justice is served for violation of law and their sworn oaths ,but.... I’m not holding my breath.