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Topic: Fifth amendment rights of witness

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In the News (Wed 20 Jun 18)

  Fifth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure.
In response, the Fifth Amendment, along with the rest of the Bill of Rights, was proposed by Congress in 1789.
Witnesses do not have the right to have their attorneys present in grand jury rooms during hearings; they would normally have such a right when being investigated by the police.
en.wikipedia.org /wiki/Fifth_amendment_rights_of_witness   (2742 words)

 ELS - ERD - Law By Country - United States Substantive Law   (Site not responding. Last check: 2007-10-22)
The amendment was rejected (and not subsequently ratified) by Mississippi, December 4, 1865.
The amendment was rejected by Utah (and not subsequently ratified) on February 26, 1913.
The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962.
www.law.emory.edu /FEDERAL/usconst/amend.html   (2796 words)

 FindLaw: U.S. Constitution: Amendments
The amendment was rejected (and not subsequently ratified) by Kentucky, Maryland, and Tennessee.
The amendment was rejected by Georgia on July 24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920.
This amendment was subsequently ratified by Virginia in 1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970.
caselaw.lp.findlaw.com /data/constitution/amendments.html   (3846 words)

 The New York Law Journal - Have Clients Heard Knock of Regulators at Their Door?
The assertion of the Fifth Amendment might raise the suspicions of the regulators and might even cause the witness to be viewed as a potential target of the investigation.
Some witnesses, especially former employees, believe that their failure to recall events is a haven of sorts, and overuse the response when perhaps a response prefaced with "I believe" and other qualifying words, such as "may," is more truthful.
The witness should know that he or she will be asked for a social security number and all telephone numbers including cell phone numbers, which some people may view as being an invasion of privacy.
www.law.com /jsp/nylj/PubArticleNY.jsp?id=1108992913586   (2743 words)

 Fifth amendment rights of witness   (Site not responding. Last check: 2007-10-22)
Witnesses do not have theright to have their attorneys present in grand jury rooms during hearings; they would normally have such a right when beinginvestigated by the police.
The Fifth Amendment refers to being put in "jeopardy of life or limb." The clause, however, has been interpreted as providingprotection regarding "every indictment or information charging a party with a known and defined crime or misdemeanor." Theclause, it has been held, does not protect separate trials by different governments.
Fifth Amendment protectionsapply wherever and whenever an individual is compelled to testify, including in settings such as grand jury or congressional hearings.
www.therfcc.org /fifth-amendment-rights-of-witness-6051.html   (2095 words)

 [No title]
Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment XI The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Amendment XIX The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
www.usconstitution.net /const.txt   (3479 words)

 Bill of Rights
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Article the twelfth [Amendment X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
www.constitution.org /billofr_.htm   (508 words)

 OSCN Found Document:HEDGEPATH v. STATE   (Site not responding. Last check: 2007-10-22)
Witnesses testified that the appellant was downstairs, armed with a machete, waiting for the victim.
State, Okl.Cr., 581 P.2d 467 (1978), we held that the defendant was not deprived of a fundamental right when the prosecutor suggested that a defense witness be advised of her right not to incriminate herself.
In this case, the trial court found that the manner in which the defense witness, Deborah Perkins, was advised of her Fifth Amendment rights was not prejudicial to the appellant.
www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=1529   (1009 words)

 International Law
The importance of the Fifth Amendment is illustrated by the court's willingness to defend its safeguards even when the only threat to the individual is prosecution by a foreign government.
To the Third Circuit, the Fifth Amendment is an annoyance that may hinder the government in establishing a defendant's guilt of the crime, but is no impediment to the more enjoyable act of imposing sentence; the safeguards of the Fifth Amendment do not even apply to the sentencing proceeding of a defendant who plead guilty.
We are told, therefore, that the Fifth Amendment serves three categories of purposes: it advances individual integrity and privacy, it protects against the state's pursuit of its goals by excessive means, and it promotes the systemic values of our method of criminal justice.
www.criminaljustice.org /CHAMPION/ARTICLES/98jan06.htm   (1562 words)

 Dwyer & Collora, LLP   (Site not responding. Last check: 2007-10-22)
The Fourth Amendment right to object to an unreasonable search and seizure typically does not provide fruitful grounds to resist a grand jury document subpoena, although the Fourth Amendment might be used to modify an extraordinarily intrusive subpoena.
It is primarily the Fifth Amendment to the federal Constitution and article 12 of the Massachusetts Declaration of Rights which will serve as defenses to a grand jury subpoena.
While an individual has a Fifth Amendment privilege, there are situations in which the Government may obtain some of his or her records.
www.dwyercollora.com /article.cfm?cmf_id=389   (2440 words)

 United States House of Representatives - Amendments to the Constitution
The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.
Note 12: The first ten amendments to the Constitution of the United States (and two others, one of which failed of ratification and the other which later became the 27th amendment) were proposed to the legislatures of the several States by the First Congress on September 25, 1789.
The amendments were subsequently ratified by the legislatures of Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939.
www.house.gov /Constitution/Amend.html   (2086 words)

 Report on Equal Rights Amendment - LCMS
The effect of the amendment will be to strike down all measures or provisions which (on presumed grounds that legitimate differences in condition, roles, or functions had prompted their enactment) distinguish between the sexes with a view to protecting, restraining, or providing remedies to one or the other of them.
Second, the Equal Rights Amendment embodies the moral and practical judgment that the prohibition against the use of sex as a basis for differential treatment applies to all areas of legal rights.
To the extent that any exception is made, the values sought by the amendment are undercut; women as a group are thrust into a subordinate status and women as individuals are denied the basic right to be considered in terms of their own capacities and experience.
www.iclnet.org /pub/resources/text/wittenberg/mosynod/web/eqrights.html   (1731 words)

 King & Spalding > Library > Article   (Site not responding. Last check: 2007-10-22)
Moreover, counsel representing a party or witness in a civil RICO case also needs to be aware of certain additional issues that may unwittingly involve him or her in a criminal case along with the client.
For example, the federal witness tampering statute prohibits, among other things, engaging in misleading conduct with the intent to influence, delay, or prevent the testimony of any person "in an official proceeding,"5 which can be a civil or administrative matter.
Although an adverse inference against a party or witness in a civil RICO proceeding is a serious matter, a witness can refuse to testify on Fifth Amendment grounds and an adverse inference may not carry the day for the opposite party.
www.kslaw.com /library/articles.asp?76   (1785 words)

 Dave Kopel on Second Amendment & John Walker Lindh on National Review Online
The Second Amendment claim was preceded by another claim that prosecuting Lindh for joining al Qaeda would violate his First Amendment right of assembly.
and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
All these amendments are in pari materia, and if either is a restraint upon the President in carrying on war, in favor of the citizen, it is difficult to see why all of them are not.
www.nationalreview.com /kopel/kopel052702.asp   (1701 words)

 FindLaw's Writ - Colb: The Fifth Amendment Rights Of The Innocent
The state's high court held that Batt — by maintaining that she was innocent — had forfeited any Fifth Amendment protection and therefore should not have enjoyed the grant of immunity premised on her assertion of Fifth Amendment rights.
Perhaps it is in part because the most frequent avenue for litigating Fourth and Fifth Amendment rights is the motion to suppress evidence in a criminal trial — which is brought to keep damaging and often-reliable incriminating evidence away from the jury.
For such rights to survive, it is essential that innocent people be aware of them, exercise them, and appreciate their value as elements of a free society.
writ.news.findlaw.com /colb/20010328.html   (1287 words)

 THE CONSTITUTION OF THE UNITED STATES   (Site not responding. Last check: 2007-10-22)
Note: The following text is a transcription of the first 10 amendments to the Constitution in their original form.
These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
www.givemeliberty.org /docs/billofrights.htm   (374 words)

 Constitution   (Site not responding. Last check: 2007-10-22)
They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law.
Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the several States, pursuant to the Fifth Article of the original Constitution.
www.crisispapers.org /liberty/constitution.htm   (3964 words)

 [No title]
In light of that representation, we, on behalf of the grand jury, excused your client from her appearance before the grand jury scheduled for November 14, 2001.
Xxxxxx to produce certain records that she is required by law to maintain in connection with her involvement in XYZ Company.
In Doe, the case you cite, the Supreme Court expressly declined to decide whether the Fifth Amendment provided any protection against the compelled production of documents "required by law to be kept or disclosed to a public agency".
www.usdoj.gov /civil/ocl/odometer/doc/required-records2-letters.doc   (1243 words)

 The U.S. Constitution Online - USConstitution.net
Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Amendment VI - Right to speedy trial, confrontation of witnesses.
Amendment XXIII - Presidential vote for District of Columbia.
www.usconstitution.net /const.html   (5175 words)

 [No title]
The original intent or purpose for the Fifth Amendment was to compel the government to procure independent evidence of the facts and proof of a crime other than through the mouth of the accused.
One of the most appropriate statements concerning the Fifth Amendment and its operation was made by U.S. Supreme Court Justice John Marshall in the case of United States v.
The Fifth Amendment to the U.S. Constitution states that no person shall be compelled to be a "witness" against himself in a criminal prosecution.
home.hiwaay.net /~becraft/Compulsory.htm   (4221 words)

 Witness for defense Frank Santos takes the Fifth Amendment
The line of questioning to the witness however was not in the presence of the jury.
Assistant Attorney General Basil O'Mallan attempted to get the witness to answer questions about his involvement with the construction of Aviation Triangle Park, but Santos was advised to assert his rights not to incriminate himself.
Judge Maraman did not allow the rights to be read to the witness, saying the government has not proved that Santos is under investigation.
www.kuam.com /news/10191.aspx   (579 words)

 The Bill of Rights Limited Edition Set
The text of the third amendment is stamped in 23k gold on fl board, in a recessed panel inside the case cover.
The Fifth Amendment version of this edition is available only to the subscribers of The Bill of Rights series, and includes a box made of the same uniform fabric as the book, with a fl leather holster bearing the foil stamped text of The Fifth Amendment sewn to the cover.
The text of the Seventh Amendment is superimposed on the treasury seal, and there are several other changes.
www.minsky.com /billofrights-edition.htm   (2124 words)

 The Fifth Amendment, Self-Incrimination, and Gun Registration
This 8-1 decision (with only Chief Justice Earl Warren dissenting) is, depending on your view of Fifth Amendment, either a courageous application of the intent of the self-incrimination clause, or evidence that the Supreme Court had engaged in reductio ad absurdum of the Fifth Amendment.
Where the Haynes decision was based on the fact that Haynes was an ex-felon, and therefore his possession of a sawed-off shotgun was illegal, Schutzler was not breaking the law by possession; his only violation of the law was his failure to register the submachine gun and post a $5000 bond.
Because he was not a convicted criminal, he did not receive the benefit of the Fifth Amendment's protection.
www.firearmsandliberty.com /cramer.haynes.html   (1465 words)

 Constitution for the United States of America
Article the seventh [Amendment V] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
The exercise of the rights and powers conferred under this article shall be by the people of the District constituting the seat of government, and as shall be provided by the Congress.
www.constitution.org /cons/constitu.htm   (4802 words)

 Does Your Spit Have Fifth Amendment Rights? By Chris Suellentrop   (Site not responding. Last check: 2007-10-22)
shall be compelled in any criminal case to be a witness against himself." But the courts have long interpreted this narrowly to mean that the Fifth Amendment protects suspects only from being forced to produce "testimonial or communicative" evidence.
This distinction between "testimonial or communicative" evidence and "non-testimonial" (real or physical) evidence means that the Fifth Amendment does not protect you from being forced to submit to such things as fingerprinting, photographing, measurements, blood samples, or DNA evidence.
The Fifth Amendment doesn't even mean that you can't be forced to speak.
slate.msn.com /id/2062109   (268 words)

 The Avalon Project : Bill of Rights
VI - Right to a speedy trial, witnesses, etc.
X - Rights of the States under Constitution
VII - Right to a trial by jury
www.yale.edu /lawweb/avalon/rights1.htm   (381 words)

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