What is the Fifth Amendment Privilege against Self-incrimination?
The Fifth Amendment of the Constitution reads “no person shall be compelled to be a witness against himself in any criminal case. ” This language has been interpreted to mean: • The privilege against self-incrimination is a personal privilege which only applies to human beings. The privilege does not exist for corporations. • The privilege against self-incrimination only applies to criminal cases. Thus, a party cannot “plead the fifth” to stay silent in a civil case, unless the answer will tend to incriminate. • “Compelled to be a witness” occurs only when there is a risk of imprisonment for refusing to testify or produce documents. • The prosecution and judge may not infer that refusal to testify means an individual is guilty. • Certain relationships are granted immunity from testifying against each other. These relationships include but are not limited to: spousal relationships, lawyer-client relationships, and doctor-patient relationships. What Things Do Not Carry Fifth Amendment Se
Related Questions
- Does the fifth amendment privilege extend to a civil case, such as my divorce if for example my wife’s lawyer asks me if I failed to report and pay taxes on cash that I earned in my business ?
- What Things Do Not Carry Fifth Amendment Self-incrimination Protection?
- What is the Fifth Amendment Privilege against Self-incrimination?
