Does The Fifth Amendment Protect Someone Who Refuses To Cooperate...

arwalden

(1000+ posts) Send PM | Profile | Ignore

Fri Oct-28-05 11:14 AM
Original message

Does The Fifth Amendment Protect Someone Who Refuses To Cooperate...

... during the course of an investigation? Or does it only apply to someone who's being questioned under oath?

In other words... If someone refuses to answer questions from authorities who are investigating a crime (because such answers might incriminate themselves) do they have any constitutional protections? Or are they automatically charged with "obstruction".

Who, or what, takes priority?

Printer Friendly | Permalink | | Top

Inland

(1000+ posts) Send PM | Profile | Ignore

Fri Oct-28-05 11:17 AM
Response to Original message

1. Remember your Miranda warning.

You have the right to remain silent. If you speak, but ony if you speak, it may be held against you in a court of law.

Indeed, without a court order/subpeona, you can't be compelled to speak at all.

Printer Friendly | Permalink | | Top

The Backlash Cometh

(1000+ posts) Send PM | Profile | Ignore

Fri Oct-28-05 11:18 AM
Response to Original message

2. Well Gordon Liddy refused to testify

From what I heard him say last night, he did it intentionally to protect his president. But the plan fell apart when Dean buckled.

Printer Friendly | Permalink | | Top

MidwestTransplant

(1000+ posts) Send PM | Profile | Ignore

Fri Oct-28-05 11:19 AM
Response to Original message

3. They can take the 5th but can also be granted special

immunity where something the say in the proceeding won't be used against them in future. It's not blanket immunity.

Printer Friendly | Permalink | | Top

kurth

(1000+ posts) Send PM | Profile | Ignore

Fri Oct-28-05 11:20 AM
Response to Original message

4. Only a judge may pry your lips open

And the prosecutor has to have a very good reason to ask a judge to do that. Unfortunately, people like to talk even when they're not supposed to.

Printer Friendly | Permalink | | Top

Solly Mack

(1000+ posts) Send PM | Profile | Ignore

Fri Oct-28-05 11:30 AM
Response to Original message

5. You have the right to not make a statement, yes

Printer Friendly | Permalink | | Top

DU AdBot (1000+ posts)

Wed May 01st 2024, 03:22 PM
Response to Original message

Advertisements [?]

Top

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.