It’s really a process of letting the subpoenaed know that they either tell the truth, lie and face perjury charges, or refuse and face contempt or court charges. The latter can seemingly land you in jail in perpetuity. Because fuck you, I guess?
That’s mostly for police. Once you’re in court and ordered to testify, the person talking about germany is mostly correct. You can’t be forced to self-incriminate nor testify against a spouse. Otherwise yes. Generally 99% of courts won’t bother even asking the defendant to testify because self-incrimination is practically guaranteed. Usually only if the defense calls on them, which is often a bad idea.
Only if there’s a risk at incriminating yourself, and if it’s not immediately apparent how you’d run that risk (e.g. you’re a witness that doesn’t have a direct relation to the crime at hand) you’d have to motivate how it could be incriminating.
You can’t be forced to testify against yourself, but you can be forced to testify against others.
Exceptions are: Spouses can’t be forced to testify against each other. Parents can’t be forced to testify against their child and same thing vice versa.
They can, they’ll just have to find other evidence. If there’s a court case with the defendants being a married couple who both refuse to testify and there’s no other evidence, it’s essentially the same as a court case with one defendant that’s refusing to testify against themself and there’s no other evidence. Both cases will result in dismissal.
Some rulings that pleading the 5th can be considered cause for a warrant if not directly an admission of guilt.
The past decade or so has also weakened rights in regards to you having to plead the 5th directly, and of course the “War on Terror” led to the Supreme Court more or less saying “No, actually, torture doesn’t count, plus we’re going to ignore that it’s been the official position of America for centuries that Constitutional rights are human rights (for a changing definition of human).”
Taken as a whole the past couple decades have severely reduced the protections the government wants to admit the 5th offers.
You mean by a court subpoena? If so then you testify or get found in contempt of court.
Or do you mean what if someone is threatened/blackmailed into giving false testimony? If that’s the case then you should probably go to the police. If it’s law enforcement who are coercing you then I suppose you could try to include that fact in the testimony, but there may not be much difference in that and refusing to comply with the blackmailer in the first place, in terms of your safety.
If you’re coerced to lie under oath then I’d guess that still counts as perjury, but I doubt most judges would be mad at you for it; they’d shit fury all over whoever was coercing you.
IDK, imprisoning a person until they either comply or the trial concludes without them seems pretty good for the judge. Bad for the person subpoenaed, but it’s no skin of the judge’s back
How is it legal for them to just throw you in jail forever just for pissing off a judge? Why even pretend we have rights if that’s how the system is going to operate?
“You’re in contempt of court. You have been fined $x and continued refusal to swear the oath will land you in prison until you do. Jackass.”
That’s what the judge does.
It’s really a process of letting the subpoenaed know that they either tell the truth, lie and face perjury charges, or refuse and face contempt or court charges. The latter can seemingly land you in jail in perpetuity. Because fuck you, I guess?
Does the “right to remain silent” still apply?
That’s mostly for police. Once you’re in court and ordered to testify, the person talking about germany is mostly correct. You can’t be forced to self-incriminate nor testify against a spouse. Otherwise yes. Generally 99% of courts won’t bother even asking the defendant to testify because self-incrimination is practically guaranteed. Usually only if the defense calls on them, which is often a bad idea.
“Please state your name”
“I can’t do that without incriminating myself”
Mr. Stealsalot,
We meet again
I just talked about Germany because I didn’t knew how it is in the US. Apparently it’s exactly the same. Intresting comment
Only if there’s a risk at incriminating yourself, and if it’s not immediately apparent how you’d run that risk (e.g. you’re a witness that doesn’t have a direct relation to the crime at hand) you’d have to motivate how it could be incriminating.
What if you were coerced into testifying?
Then you plead the 5th. Pretty sure that’s exactly what it’s intended for.
You can’t be forced to testify against yourself, but you can be forced to testify against others.
Exceptions are: Spouses can’t be forced to testify against each other. Parents can’t be forced to testify against their child and same thing vice versa.
“They can’t arrest a husband and wife for the same crime.”
They can, they’ll just have to find other evidence. If there’s a court case with the defendants being a married couple who both refuse to testify and there’s no other evidence, it’s essentially the same as a court case with one defendant that’s refusing to testify against themself and there’s no other evidence. Both cases will result in dismissal.
The person you’re replying to was quoting Arrested Development.
I was but I don’t mind learning a thing or two
“I have the worst fucking attorneys.”
And therapist/lawyers don’t have to testify right?
But until fairly recently you could plead the 5th and they couldn’t use it as proof of wrongdoing.
What changed?
Some rulings that pleading the 5th can be considered cause for a warrant if not directly an admission of guilt.
The past decade or so has also weakened rights in regards to you having to plead the 5th directly, and of course the “War on Terror” led to the Supreme Court more or less saying “No, actually, torture doesn’t count, plus we’re going to ignore that it’s been the official position of America for centuries that Constitutional rights are human rights (for a changing definition of human).”
Taken as a whole the past couple decades have severely reduced the protections the government wants to admit the 5th offers.
You mean by a court subpoena? If so then you testify or get found in contempt of court.
Or do you mean what if someone is threatened/blackmailed into giving false testimony? If that’s the case then you should probably go to the police. If it’s law enforcement who are coercing you then I suppose you could try to include that fact in the testimony, but there may not be much difference in that and refusing to comply with the blackmailer in the first place, in terms of your safety.
If you’re coerced to lie under oath then I’d guess that still counts as perjury, but I doubt most judges would be mad at you for it; they’d shit fury all over whoever was coercing you.
You speak to your lawyer ahead of time and they discuss the issue with the judge.
If that’s the best the judge can do, I feel sorry for them. And I will leave it at that.
IDK, imprisoning a person until they either comply or the trial concludes without them seems pretty good for the judge. Bad for the person subpoenaed, but it’s no skin of the judge’s back
I walk up to the goddamn judge and hand him my $25 dollars and say “Here’s my money, now I am leaving!” And I left it at that.
How is it legal for them to just throw you in jail forever just for pissing off a judge? Why even pretend we have rights if that’s how the system is going to operate?