2006-08-22 14:02:19 · 13 answers · asked by Desperate Housewife 2 in Politics & Government ➔ Law Enforcement & Police
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
No. The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is to refuse to answer a question because the response could form incriminating evidence.
2006-08-22 14:30:25 · answer #1 · answered by Matt 4 · 0⤊ 0⤋
If you received a subpoena in connection with a pending legal matter, you must appear in court and swear to testify truthfully or the court may hold you in contempt, which can subject you to fines or jail time. The Fifth Amendment provides for protection against self-incrimination, arising from the traditional common-law notion that the state should not compel a person to be a witness against himself. If answering the questions that attorneys will ask you in this proceeding might serve to incriminate you in some way, it's possible that you can refuse to answer. It doesn't sound like you have any such concern here, however, and disliking one side in a legal battle does *not* permit you to lie or refuse to cooperate with a lawful subpoena. If you genuinely are considering declining to answer questions posed to you in this context on the basis of the Fifth Amendment, you absolutely should speak with a lawyer. Indeed, if you try to cite the Fifth Amendment as a basis for not complying fully with the subpoena, the judge probably will order you to hire a lawyer of assign you a public defender if you cannot afford one. This step is not one that you can or should take casually, and the consequences of doing so inappropriately are serious. EDIT: As Richard noted in his response, if the case in which you've been subpoenaed is a criminal prosecution, the prosecutor may simply give you immunity for any conduct that your testimony may involve. If that happens, then there is no way that you can incriminate yourself and no Fifth Amendment basis for you to refused to testify.
2016-03-27 01:43:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The only thing that the 5th amendment pertains to is self incrimination, no double jeopardy, and right to a grand jury. If you plead the 5th, you have to plead the 5th to every single question asked thereafter. For Ex-you cant say yes when asked what your name is and then when asked if you killed someone say " I plead the 5th".
2006-08-22 16:56:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The only way that I am aware of to make you speak after pleading the fifth is through a grant of immunity for anything that you say. After all, if you are granted immunity, you cannot plead that you cannot answer for fear that the answer will be used against you.
This is almost never used in courts, but is used on occasion by congressional committees that are conducting investigations (Iran-Contra made extensive use of grants of immunity to get people to testify).
2006-08-22 15:09:29 · answer #4 · answered by Peter K 3 · 0⤊ 0⤋
No can ever make you speak but in answer they can put you in jail for contempt even after pleading the 5th so is that making you talk?
2006-08-22 14:07:18 · answer #5 · answered by chuck 2 · 0⤊ 0⤋
No. But the only time you should use the 5th is when your testimony will incriminate you for a crime. But you will continue to be asked questions so you will have to continually plead the 5th. until the attorney gets tired of hearing you say it.
2006-08-22 15:25:10 · answer #6 · answered by Eagle 2 · 0⤊ 0⤋
You can fall back on your 5th amendment rights if what you say could specifically incriminate you. You cannot plead the 5th if it pertains to anything else.
2006-08-22 14:55:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you plead the 5th then they compell you to speak they cannot then prosecute you...
2006-08-22 15:52:28 · answer #8 · answered by Walter J 3 · 0⤊ 0⤋
You can be ordered by the judge to answer any question. IF the prosicution offers immunity.
You can be held in contempt of court for not answering.
2006-08-22 14:07:30 · answer #9 · answered by USMCstingray 7 · 0⤊ 0⤋
No. As an added note, I personally think the fifth amendment should be abolished. Got nothing to hide? Answer the damn questions. Got something to hide? Why the hell should I give you a giant loophole to skirt the legal system with? What kind of JUSTICE is that?
2006-08-22 14:14:11 · answer #10 · answered by LeAnne 7 · 0⤊ 2⤋