2006-06-15 04:15:41 · 7 answers · asked by cbont116 2 in Politics & Government ➔ Law & Ethics
There are two rules: A regular old witness may invoke the 5th Amendment on a question by question basis. If the witness opens the door to an issue (gives a self-serving explanation of an incident) he may be required to answer questions about that incident.
A defendant in a criminal case does not have to take the stand. He does not have to submit to any questioning at all. But If He Does, he may NOT invoke the 5th Amendment - at least, not regarding the incidents he's then on trial for.
2006-06-15 04:21:37 · answer #1 · answered by Loss Leader 5 · 2⤊ 1⤋
No you can not because you are answering under oath so the 5th amendment doesn't apply
2006-06-15 04:19:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Only if the answer will incriminate you. Otherwise you have to answer under oath.
2006-06-15 04:17:57 · answer #3 · answered by babygyrl_nyc 5 · 0⤊ 0⤋
Yes.
If you read it you never even have to go on the stand.
you can choose when to use it....
however in a trial appearance is everythihng....and can be used to persude the jury or can create a guilty feeling in a jury or judge.
2006-06-15 04:20:58 · answer #4 · answered by nefariousx 6 · 0⤊ 0⤋
Loss Leader's answer was the only answer that was accurate. So I don't know what you mean when his "answer" did not answer the question. Leader was right on the money.
2006-06-15 05:46:22 · answer #5 · answered by word_man7 3 · 0⤊ 0⤋
why doesnt the lawyers answer seem to answer the question...??? because its a law..made by lawyers, for lawyers ....whenever something is too complicated for an average person to figure it out..you can bet theres a lawyer behind it...
2006-06-15 04:32:42 · answer #6 · answered by badjanssen 5 · 1⤊ 0⤋
Yes...if your answer could incriminate you.
But you can always answer..."Senator I have not recollection of that"
2006-06-15 04:19:40 · answer #7 · answered by working_four_ds 3 · 0⤊ 0⤋