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Questions tagged [fifth-amendment]

Rights enumerated in or derived from the fifth amendment to the U.S. Constitution.

Fifth amendment to the U.S. Constitution, which reads in full:

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.

Canonical Answers

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How does the mandate to report income from illegal activities in the US jibe with the Fifth Amendment?

Al Capone was famously taken down for tax evasion for not reporting income from his illegal activities. If someone were to report the income from illegal activities like a marijuana dispensary or a bribe, my understanding is that they would be then…
A. K.
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USA: Can a witness take the 5th to avoid perjury?

Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that doing so would mislead the court so greatly that he…
GridAlien
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Why is knowledge inside one's head considered privileged information but knowledge written on a piece of paper is not?

At least in the US, one can refuse to reveal information contained inside one's head by pleading the Fifth Amendment. However, the same protections don't apply to papers (or computer files) with information you might not want to share with the…
JonathanReez
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Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?

Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location. If the person is pleading the fifth in the criminal…
aebabis
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Can a US citizen be required to provide the authentication key for encrypted data on a confiscated computer?

I'm asking this for the sake of a story I was considering writing. Assume that someone has a computer, and within that computer he has some encrypted data. He is accused of a crime and the police get a search warrant to confiscate his computer. …
dsollen
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What's stopping someone from saying "I don't remember"?

There are (at least) two problems possibly stemming from a person testifying in court: If they tell the truth, the testimony may have negative consequences they potentially don't like (which is the whole point of 5th Amendment, when the testimony…
user0306
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What kinds of sanctions would be applied if you wrongly invoked the Fifth Amendment?

Under the Fifth Amendment, one might say at a hearing, "I refuse to answer on the grounds that it would incriminate me." Suppose the subject matter were embarrassing, but not necessarily criminal. Examples follow: I refuse to comment on an…
Libra
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Can a defendant remain silent (invoke 5th amendment) during cross examination?

Suppose a defendant testifies at a criminal trial and is advised beforehand that the prosecution has a right to cross examine him. Suppose the defendant answers all of his lawyer's questions on direct examination. Would that defendant be able to…
Greg Schmit
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Can a potential juror plead the fifth?

I am interested in the law surrounding jurors. During juror selection (voir dire) a potential jurors can be asked questions to determine their suitability to serve on the jury. Is it ever legal for a juror to refuse to answer any question? Could…
user301
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Can an attorney plead the 5th if attorney-client privilege is pierced?

In the investigation related to Mar-a-Lago, the Justice Department is seeking to pierce attorney-client privilege relating to several bits of testimony and discovery items they're seeking from Trump's attorney, Evan Corcoran. Such a move isn't…
Pyrotechnical
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Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a theory called "civil asset forfeiture." The…
anotherguy
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Can evidence a person gives to aid an investigation then be used to prosecute that person for an unrelated crime?

Consider the following scenario: a person consents to giving some evidence to aid the investigation or prosecution of a criminal,with the reasonable, good-faith assumption that the use of that evidence will be limited in scope to the particular…
DerekG
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Is the saying that "cops can use anything you say against you" overstated or understated?

Is everything one says to a cop in the course of an enquiry really admissable as evidence against them? Even if they deny allegations? Why is that?
Statistics
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Can a foreigner invoke the fifth amendment?

Bob is a non-US citizen and is visiting the USA on a tourist visa. During his visit, he broke a US law. Law enforcement is unaware of that crime. While breaking the law, he is also a witness to some other crime. The circumstances make it such that…
Olivier Grégoire
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Alternatives to pleading the 5th that also offers protection

I watched a old video (Don't talk to Police) that popped up while looking up information related to cyber forensics and false positives. I gathered the following points: You can't talk your way out of getting arrested. (7:55) Everything you tell…
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