Former President Donald Trump appeared Wednesday for questioning under oath in a New York civil investigation into his business practices. However, he immediately made it clear that he would not answer.
The former president has issued a statement that he has done nothing wrong, but he hasthe Fifth Amendmentthat he is self-incriminating. He said he was exercising protection against sin. It's a constitutional right to grab attention from Congress to television crime shows, but there are nuances. This is what it means to "beg (or "take") the fifth" and not.
READ MORE: Donald Trump Adopts Fifth Amendment, Refusing to Answer Questions in NY AG Inquiry
'Fifth'.
The Fifth Amendment to the United States Constitution provides for a number of rights relating to legal proceedings. Testify against yourself."
Story continues under advertisement
In the most direct sense, this is . } What is the idea behind it?
"It reflects many of our fundamental values and highest aspirations," the Supreme Court wrote in 1964.
Among these ideals: being tortured into confession or being forced into the court's "cruel trilemma of self-blame, perjury or disrespect".
Decades ago, courts also questioned the credibility of coerced confessions.
The Amendment specifically refers to criminal cases. How does it apply to civil investigations?
Over time, Fifth Amendment protections cover witnesses as well as defendants in criminal and civil courts and other governmental bodies. came to be understood. The Supreme Court even held that Fifth Amendment rights protected the jobs of civil servants.
The Fifth Amendment that follows the ad also supports the famous Miranda warning } police detention The right to remain silent and to obtain legal representation while being questioned at the scene.
Are there any restrictions?
Under what became legal standards, witnesses must face real risk of criminal prosecution. , he said Paul Cassell. Professor of criminal law at the University of Utah. This means that you will be prosecuted in US courts. There is sometimes controversy as to whether the
rights have been improperly exercised. The interrogator may ask the judge to declare that someone needs to answer.
Trending Stories
However, " Courts generally should give the benefit of Rather than coercing someone to testify and then learning to say "wow", doubt Please embrace Cassell said.
READ MORE: Republicans surround Donald Trump after FBI raids on his property
Okay. Those taking the fifth can answer some questions but not others.
Yes, It's not necessarily all or nothing. But even just deciding to respond selectively is risky. Answering one question allows the opposing side to argue that witnesses cannot refuse to answer other related questions. Another concern: seemingly safe questions may be meant to build evidence about claims that haven't yet entered the witness's radar.
Invoking protection disables .
Legally, it depends on . In a criminal case, the prosecutor cannot comment on the defendant's refusal to testify, and the jury cannot advise that the defendant's silence be taken as a sign of guilt. you can't. The Supreme Court said allowing that reasoning would punish defendants who merely took advantage of constitutional protections. Continued
