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    Re: Fifth Amendment

    Posted by Jim Busey on 12/18/08

    Thank you, that was a very exact and clear response, I
    appreciate it. I just remember once on television someone
    wanting to take the Fifth and the judge instructed him that it
    had to be all or nothing...he must have been the defendant
    then. Of course, my wife was saying that you could invoke the
    Fifth anytime you wanted to. I guess it ends up that we were
    both correct. Thanks again.


    On 12/17/08, -- wrote:
    > On 12/17/08, Jim Busey wrote:
    >> If a person is on the witness stand, can he pick and choose
    >> the questions that he wishes to take the Fifth on? Does he
    >> have to take the Fifth on all questions posed to him, or
    >> can he decide to just answer the ones he likes?
    >
    > If you are the defendant, you cannot be forced to take the
    > witness stand and testify to anything, but if you do decide
    > to testify, you MUST answer all relevant questions including
    > ones that might incriminate you. You may not “pick and
    > choose” which questions to answer.
    >
    > As a witness (not the defendant), you may not invoke the 5th
    > unless the answer is likely to incriminate you in a crime.
    > If you are asked, "Do you own a car." You may not refuse to
    > answer that question because owning a car in itself is not
    > incriminating. Likewise you may not refuse to answer
    > embarrassing questions unless they would incriminate you in a
    > crime. For example if you were asked, “Isn’t it true that
    > you flunked the bar exam.” You could not refuse to answer
    > that. If you open the door to a question by a statement or
    > answer given on the witness stand you may be required to
    > answer. i.e., if you say on direct testimony "I am a
    > peaceful person who has never been in trouble." On cross
    > examination you may be asked "Weren't you arrested for
    > assault last year?" You may not take the 5th in response.
    > If the next question is "Are you guilty of the assault?" If
    > you were not yet convicted, you do not have to answer that
    > question.
    >
    > If you take the 5th and the judge doubts that the answer is
    > likely to incriminate you, you may be ordered to answer under
    > penalty of contempt. First, you will probably be asked to
    > explain to the judge in chambers why you think the answer to
    > the question might incriminate you, if the judge doesn't
    > believe it will incriminate you he may order you to testify.
    > In that case, even if your answer incriminates you, you have
    > a good suppression motion if your answer to the question
    > causes you to be charged with a crime.
    >
    > Finally, if you are given immunity to testify, you may not
    > refuse to answer all relevant questions for which you were
    > given immunity.

    Posts on this thread, including this one
  • Fifth Amendment, 12/17/08, by Jim Busey.
  • Re: Fifth Amendment, 12/17/08, by --.
  • Re: Fifth Amendment, 12/18/08, by Jim Busey.


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