arwalden
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Fri Oct-28-05 11:14 AM
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Does The Fifth Amendment Protect Someone Who Refuses To Cooperate... |
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... during the course of an investigation? Or does it only apply to someone who's being questioned under oath?
In other words... If someone refuses to answer questions from authorities who are investigating a crime (because such answers might incriminate themselves) do they have any constitutional protections? Or are they automatically charged with "obstruction".
Who, or what, takes priority?
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Inland
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Fri Oct-28-05 11:17 AM
Response to Original message |
1. Remember your Miranda warning. |
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You have the right to remain silent. If you speak, but ony if you speak, it may be held against you in a court of law.
Indeed, without a court order/subpeona, you can't be compelled to speak at all.
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The Backlash Cometh
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Fri Oct-28-05 11:18 AM
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2. Well Gordon Liddy refused to testify |
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From what I heard him say last night, he did it intentionally to protect his president. But the plan fell apart when Dean buckled.
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MidwestTransplant
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Fri Oct-28-05 11:19 AM
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3. They can take the 5th but can also be granted special |
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immunity where something the say in the proceeding won't be used against them in future. It's not blanket immunity.
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kurth
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Fri Oct-28-05 11:20 AM
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4. Only a judge may pry your lips open |
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And the prosecutor has to have a very good reason to ask a judge to do that. Unfortunately, people like to talk even when they're not supposed to.
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Solly Mack
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Fri Oct-28-05 11:30 AM
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5. You have the right to not make a statement, yes |
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Mon May 13th 2024, 02:53 AM
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