The 5th ammendment vs the power of testimony?

Question

Two questions on the fifth ammendment:

It appears that the 5th ammendment was designed to prevent forced confessions, but it is well known that when the court requires you to answer a question, then failure to do so constitutes contempt of court. Technically, while in custody, you could be punished for your answer in court. Can a person cite the fifth at will when questioned in the court of law?

It is well known that other people may possess knowledge which could incriminate others. Therefore any question which requires a person to reveal the identities of others may be incriminating to oneself in a variety of ways. Knowledge of a person violating the law can be criminal. Identification of that person could cause them to reveal incriminating information directed at oneself or could direct the authorities to investigate things which could be incriminating to oneself. Can a person cite the 5th ammendment when asked about the identities of others who may have violated the law?

Gary, I am not expecting to be asked such questions in the foreseeable future.

Chrissy, if you (in the generic sense) answer that you were aware of someone participating in an illegal activity, then does that not open you up to charges of aiding and abetting, and also make you vulnerable to further questions about who you saw participating; a potentially problematic situation if you were the person to which you were indirectly referring.

Am I correctly understanding some of these answers to say that the court can force you to incriminate yourself (or lie and potentially stand in purjury) or face being in contempt of court? .. BTW, this appeared to be my own situation many years back when appearing traffic court for a relatively minor traffic charge, which is why I ask. Can the courts disregard the 5th ammendment, despite the fact that they are supposed to be bound to uphold the constitution?

Chrissy responded: "Ok, basically the way the court system has been set up it is a total catch22.
Typically 5th amend. rights are envoked during a criminal proceeding as opposed to a misdemeanor or traffic violation.
However, the court CANNOT force you to plead guilty or confess to anything, even under oath. The DA or PA can attempt to get you to confess, but they cannot badger you on the stand.
...
But as for criminal proceeding, yes you have the right to keep your mouth shut, but the court has the right to punish you for that. It is a catch 22.
You can be charged with obstruction, perjury and all sorts of things to compel you to talk.
That is why it is better to have an attorney present for just about everything. Because the court system will screw you. If you know about a crime, (not a misdemeanor, but crime) and you keep quiet, you can be charged with accessory after the fact." (posted with her permission)

Answer 1

The 5th admendment is only applicable if it directly incriminates you in a crime. If there is no way to answer the question without basically saying "Yeah I was involved". Prosecutors typically get around this before hand by exchanging pleas for testamonies.
So if a prosecutor asks you if you helped carry the stolen mdse. then I would envoke my 5th amendment rights. However, if they ask you if you seen someone carrying the stolen mdse, that does not directly implicate you so it would typically be fair game.
Also, if a judge directs you to answer any question and you refuse, then you WILL be held in contempt of court. No matter what you must always follow the court rules. However if you respond to a question in a certain manner it opens the court to a fair game question, because you brought it up. Kind of a loophole.

Answer 2

The Fifth Amendment protects against compulsory self-incrimination when an individual is called to testify in a legal proceeding. At the time of arrest, law enforcement officers are required to provide the Miranda warning which informs person being interviewed of the right to remain silent. Miranda is an extension of the Fifth Amendment, but not the totality of it. Additionally, If you are a witness on a case for which you are not being charged, you can "plead the 5th" if your testimony will in some way incriminate you (in either the instant matter or another matter). A word of caution though. Since you are talking about exercising this right PRIOR to arrest. In a 5-4 decision in Salinas v. Texas, the Court upheld the conviction of Genovevo Salinas, who was found guilty of homicide after prosecutors argued that Salinas’ silence during a police interview prior to his arrest was a “very important piece of evidence” and that only a guilty person would have remained silent when questioned about his connection to a crime. So sometimes, what you DON'T say can be used against you!

Answer 3

Yes they can without being cited for obstruction of justice. If the cops ever ask you questions, then make sure that your lawyer is there...even if you are just asked as a witness.

Scooter Libby is on trial now. He was investigated for breaking a federal law. After investigation, the law was shown to not have been broken. During the investigation, he either lied or accidently gave bogus information to investigators. He is on trial now for lying about a crime that did not occur.

CYA and get a lawyer.

Answer 4

5th Amendment

"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."

You will note that there is nothing about protection against information other than for the individual themselves.

The right to "remain silent" is with "self incrimination" only!

As for information about others that COULD incriminate you...then it would be a time to start making deals or contacting an attorney!

Just the humble opinion of one who works with the law!

Answer 5

This is why EVERYONE involved in a case - even witnesses who are not on trial - needs a lawyer. At some point in the past I would wonder, 'this person is a witness, why do they need a lawyer?'. You just explained it very eloquently. Only a lawyer can answer your question for each specific case.

Answer 6

yeah get a lawyer.