Can a witness refrain from answering a question when put on the stand in court?

Question

Can a witness use the fifth amendment and choose not to answer a question when questioned on the stand? What are the rights of a witness?

Answer 1

A witness can only refuse to answer a question if the answer could to incriminate himself or his wife (or herself or her husband). If the answer would merely create civil liability or would incriminate a friend or family member, there is no right to refuse to answer.

In many states, there are statutes authorizing the court (on the application of the state) to grant a witness immunity. When a witness receives immunity, the answer can't be used in a later court proceeding against the witness (unless the witness commits perjury) and the witness must answer the question.

Other than the right to refuse to answer questions that could incriminate the witness, the only other "right" of a witness is to be paid the witness fees and mileage provided by law.

While not rights, a witness should be able to expect to be treated with some degree of courtesy and not to be harassed about matters unrelated to his/her testimony. Of course, what a witness might consider to be irrelevant might be something that the law considers to be very relevant. For example, I have seen defendants who had pleaded guilty trying to claim that a codefendant was not their accomplice but acting bewildered that the next question was who was the accomplice.

I would note that failure to answer a question when there is no Fifth Amendment right implicated would qualify as contempt of court and is punishable by a period of incarceration.

Answer 2

A witness (or defendant) can only use the 5th amendment to keep from incriminating himself. He can't use it to keep from giving testimony that would put a friend in jail, for instance, or that would embarrass him. In congressional investigations, witnesses are often given immunity, which removes the 5th amendment as an excuse to not testify, then they -must- testify.

Also a defendant in a trial may choose not to testify at all. If he does testify, though, he must answer all the questions and must also submit to cross-examination.

Answer 3

If answering the question would incriminate the WITNESS, then he/she can plead the fifth. However, if the witness is not the defendant, then the witness must answer or be held in contempt.

Answer 4

You CAN be forced to answer or risk contempt of court charges. Pleading the fifth is only proper to use if answering would incriminate you. You really should talk to a lawyer to be certain.

Answer 5

Yes, the witness can plead the 5th. But it is not always wise, as it makes them look guilty and that can be speculated that they are guilty. Basically pleading the 5th means the person has the right to not incriminate themselves. Like I already stated though, it makes them look guilty by default, so it is not always wise.

Answer 6

The best thing to do is to answer questions truthfully; but you do have the option to plead 5th Amendment rights which protect you against self-incrimination.

Answer 7

The witness has the right not to incriminate himself or his spouse.

Answer 8

I don't think that's wise, before going in session didn't you raised your right hand and said you will speak the TRUTH and only the truth.