Fifth amendment question?

Question

http://www.cnn.com/2007/POLITICS/03/26/fired.attorneys/index.html

Here is a link to todays news which is a federal judge wanting to take the fifth amendment pertaining to the judges that were fired. I realize all Americans have the right to the fifth amendment which is the right not to testify to prevent incriminating oneself. I was thinking it is also true that judges are not allowed to commit crimes as part of their job being a judge. Sure, we all get in trouble if any of us commits crimes but if a judge says he cannot testify because it will incrinimate him... isn't that like confessing to the crime any way you look at it?

Answer 1

No. You cannot use the exercise of the Fifth Amendment to lay a foundation of guilt because of silence.

The right to remain silent cannot be punished.

So if someone chooses to exercise their privilege and not testify, the exercise thereof cannot be used against them.

For instance, you can't prosecute someone, and when they refuse to take the witness stand, comment to the jury that they must be guilty because they don't have the stones to get up on the stand and tell the truth.

That's a no-no and what you are proposing is also a no-no.

So therefore, the answer is: NO!

Answer 2

You do have to note that the fifth amendment is a matter of piont of view. You can refuse to answer the question based on the fact that you feel as though you may incriminate yourself, even if you won't or can't. it is your view on what jeoperdy is in this case. the judge can always grant immunity to prosecution and therefore compell you to testify, but that would defeat the purpose of the trail, so why bother.

Answer 3

One thing that might happen is that the person is innocent, but feels that the facts may lead to an erroneous interpretation.
How about if the person is innocent of the issue being discussed, but does not want to reveal facts which would implicate him/her in a different crime?
In the case of Monica Goodling, could she be invoking the 5th as a ploy to protect someone else? How do we know if someone has a legitimate reason to invoke the 5th amendment?

Answer 4

first, she isn't a judge. she is a worker in the justice department. Big difference.

Second, if a judge did commit a crime, they could recluse themselves from a case (they would be required to) and could not decide their own case.

But the way- none of us are allowed to commit crimes. That's the whole point.

Everyone is protected by the 5th. even judges and justice dept. officials.

Answer 5

You've heard it on TV, "anything you say can be used against you in a court of law."

Well, given the Scooter Libby case, I wouldn't testify in front of congress without taking the Fifth either.

Answer 6

it is called "styling for the cameras".......he is temporarily exercising his right to remain silent until such time as he is granted immunity......at which point he will give an interview with sixty-minutes which will air long before he is called to testify........

Answer 7

Yeah and that was actually my first thought when I saw that story.

Answer 8

It is his Constitutional right, which should apply to everyone.

Answer 9

One two three four FIFFF!!!!!!!

Answer 10

no