The 5th Amendment protects against self-incrimination. In simple terms, you generally do not have to testify against yourself.
However, there are many ways to lose these rights.
If you sign a contract that requires you to give information you may lose protection. For example, by joining the military or law enforcement your oath requires you to tell the truth.
If you form a corporation to avoid tax or legal liability, you may be required to testify indirectly against yourself.
Marriage is also an exception to the 5th Amendment. Divorce Court could require testimony under penalty of law. The test would be whether you entered a contract requiring truthful behavior.
Martha Stewart was not able to use the 5th Amendment partly because she had a brokers license.
2007-12-12 06:40:25
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answer #1
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answered by Menehune 7
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Isn't it easier to ask what IS protected? After all, everything that's not protected by the 5th Amendment is not protected by the 5th Amendment.
2007-12-12 06:15:43
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answer #2
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answered by Anonymous
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The whole, entire world, minus that which is covered by the 5th Amendment.
2007-12-12 06:33:18
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answer #3
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answered by nycityboy1234 3
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Everything that the 5th doesn't say it covers.
"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 offence 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."
Richard
2007-12-12 06:16:17
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answer #4
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answered by rickinnocal 7
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Testimony made under a grant of immunity.
2007-12-12 06:14:02
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answer #5
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answered by scottclear 6
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any testimony given prior to invoking the 5th....and any testimony that would not implicate the whitness in a crime.
2007-12-12 06:17:41
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answer #6
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answered by Anonymous
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dwi test?
2017-01-17 10:57:48
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answer #7
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answered by Tom & Nanci 1
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