Questions tagged [self-incrimination]
25 questions
21
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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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Failing to mention when questioned something you later rely on in court
If you are arrested in the UK, you'll hear that your rights include a rider inserted by the 1994 Criminal Justice and Public Order Act, after "you do not have to say anything":
But, it may harm your defence if you do not mention when questioned…
jez
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13
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Can you ever be certain that you will not be tried for an alleged crime?
Suppose someone is involved in a self-defense altercation where the other party ends up dead. As far as I understand this could result in one of the following outcomes:
The police investigate and a DA determines that no crime occurred unofficially…
shellster
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Why are documentary crews allowed to be a party to illegal activity?
I was recently watching a documentary that was about underground firearms trade. The crew found themselves in the Philippines where Colt .45 1911 knockoffs were being manufactured and stamped with seals and phony serial numbers, and in Oakland…
user608
7
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5 answers
If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?
Carl wants to commit a crime. He gets input from Scarlet. Little does Carl know that Scarlet is a Scammer, and leads Carl into a scam. Under normal circumstances, Carl might press charges against Scarlet for e.g. fraud. But Carl was literally trying…
chausies
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Claiming self-defense and refusing to self-incriminate at the same time
Bob shoots Rob dead. Noone saw what actually happened, no video footage, nothing. Bob does not deny shooting Rob but claims it was self-defense. He does not go into details — invoking his right not to witness against himself.
Given that the mere…
Greendrake
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Can statements used in one's defence in one trial be used as evidence against the defendent in another trial?
John broke into Mary's car and James robbed ABC Bank at the same time. John and James are both suspects in the ABC Bank case, but nobody has any idea who broke into Mary's car. If John says at his trial, "I didn't rob ABC Bank at 11:00 AM; I was…
Someone
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If a court witness self-implicates are they automatically charged?
If a witness under oath in court gives evidence that reveals they have committed a previously unknown crime or offence, are they automatically charged or is there another process that may or may not be followed before they are charged? They don't…
CJ Dennis
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Can a witness refuse to answer a question in a civil proceeding if it would incriminate her on a unrelated criminal matter?
Basically the title. I saw on a lawyer drama that a witness was compelled to answer because it was not a criminal case. But if the truthful answer uncovers a criminal matter that would incriminate the witness, can she refuse to answer on grounds of…
lvella
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Has New Jersey v. Andrews ever been successfully challenged?
New Jersey v. Andrews is relatively new case law. Has it ever been successfully challenged at the district court level?
I'm aware of several cases where the state has seized a citizen's smartphone with a search warrant; then, citing State v.…
user75575
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How do USA nationals pay taxes on illegal income without self incriminating themselves?
I am not an American but this has always baffled me. From what I understand, American government is not allowed to compel someone to self incriminate themselves. However, IRS wants people to report their income even if it is illegally obtained. So…
RestOfTheBothWorlds
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Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials
I'm quite confident that all users on Law StackExchange are well acquainted with the Fifth Amendment of the Constitution, which confers the privilege against self-incrimination upon witnesses as well as defendants. I'm also equally assured of users'…
Tolga Eskici
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Should I retain a criminal defense lawyer just in case?
Myself I am very law abiding citizen and never was approached by police in the 20+ years that I am in America. But in this never talk to police video they claim that innocent people went to prison because they talked to police without a lawyer…
Michael
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During an investigation, can a US law enforcement officer say something is legal if it is not?
When investigating something that has already happened, can a US law enforcement officer say "x is perfectly legal" to get someone to confess to having done x (which is not actually legal and someone will be prosecuted for x if they (or a…
Pascal
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What happens if a person has evidence that an accused party is innocent, but to give that evidence would be self-incriminatory?
Suppose that Person A is accused of a crime. Person B (unbeknownst to anybody but themselves) actually committed the crime. Suppose further that Person B is called as a witness in the case of Person A.
Would there be a way for Person B to make it…
Alex
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