Fezmid Posted April 8, 2010 Share Posted April 8, 2010 I was reading this article, and I'm confused about the 5th amendment: http://www.hudsonstarobserver.com/event/article/id/38165/ I thought that you weren't required to testify against yourself, but didn't realize it allows you to avoid testifying at all. In this case, a father was shooting at his son, and the son is invoking the 5th amendment and refusing to testify against his father. I've never heard of that before... Link to comment Share on other sites More sharing options...
BB27 Posted April 8, 2010 Share Posted April 8, 2010 It doesn't say what he wouldn't testify about, just that he did not answer questions after claiming protection under the 5th. He could have previously testified and lied, and now is looking to avoid a perjury charge (most likely). Also, he could have committed criminal acts during the incident and is looking for immunity (common). 5th protects you from self incrimination. Does not give you the right not to testify. Hope this helps. Link to comment Share on other sites More sharing options...
Just Jack Posted April 8, 2010 Share Posted April 8, 2010 What does DC Tom think? Link to comment Share on other sites More sharing options...
DC Tom Posted April 8, 2010 Share Posted April 8, 2010 What does DC Tom think? Son can invoke the 5th if his testimony might incriminate him. Don't think he can invoke it otherwise. I wouldn't necessarily assume he invoked the 5th just from the story, either. The way the story's writte (stupidly), they may be using "fifth amendment" in a colloquial, not legal, sense. Since you asked... Link to comment Share on other sites More sharing options...
EndZoneCrew Posted April 10, 2010 Share Posted April 10, 2010 I defer to Jackie Chiles Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted April 10, 2010 Share Posted April 10, 2010 Does the son being a minor have anyhthing to do with it? It states the friends were minors... Doesn't state how old the son is... ?? Link to comment Share on other sites More sharing options...
Acantha Posted April 10, 2010 Share Posted April 10, 2010 Son can invoke the 5th if his testimony might incriminate him. Don't think he can invoke it otherwise. Something I always wondered about, if you didn't want to testify, about anything, couldn't you just plead the 5th? There really isn't a way for them to prove that you would or would not be incriminating yourself, is there? Link to comment Share on other sites More sharing options...
Fezmid Posted April 10, 2010 Author Share Posted April 10, 2010 The son is definitely a minor from what I've heard. Does the son being a minor have anyhthing to do with it? It states the friends were minors... Doesn't state how old the son is... ?? Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted April 10, 2010 Share Posted April 10, 2010 The son is definitely a minor from what I've heard. Does it mean anything? What age do they start having rights? I know this sounds awkward. WOuld it be adult rights? If he is minor, is he an "extension" of his parents till he reaches age? Link to comment Share on other sites More sharing options...
Fan in San Diego Posted April 11, 2010 Share Posted April 11, 2010 Hope this helps. The Fifth Amendment 'can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory; and it protects against any disclosures which the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used.' Kastigar v. U.S., 406 U.S. 441, 44-45 ('72). A reasonable belief that information concerning income or assets might be used to establish criminal failure to file a tax return can support a claim of Fifth Amendment privilege. See U.S. v. Rendahl, 746 F.2d 553, 55-56 (9th Cir.'84). Link to comment Share on other sites More sharing options...
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