Alpo Posted September 26, 2019 Share Posted September 26, 2019 I'm up there on the witness stand. Prosecutor says, "So, Alpo. Did you, on the night of June 12, rob the 9th National Bank?" (Technically, if it happened at night, after the bank was closed, I believe it should be "burgled" the 9th National Bank. But I've never heard anyone talk about a bank being burgled - it's always robbed.) I don't have to answer the prosecutor's question. If I say NO, I've committed perjury. If I say YES, I'm convicted. And the fifth amendment says I do not have to convict myself. Can I therefore just say, "I'm not going to answer that question"? Or do I actually have to say something along the lines of, "I am exercising my fifth amendment rights against self-incrimination"? Do I need to use the words FIFTH AMENDMENT? Link to comment Share on other sites More sharing options...
Marshal Hangtree Posted September 26, 2019 Share Posted September 26, 2019 What you need . . . is a lawyer who won't allow you to take the stand. If you're representing yourself in a felony trial . . . . well. Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted September 26, 2019 Share Posted September 26, 2019 If you are a criminal defendant, and you take the stand at your trial, you have waived your rights under the 5th Amendment. You don't get to pick and choose what questions to answer. The prosecutor cannot call you as a witness. Your own counsel can, with your consent. Then you testify on direct examination. The prosecutor can then ask you pretty much anything on cross exam. You have no basis to object on self-incrimination grounds. Link to comment Share on other sites More sharing options...
Chuck Steak Posted September 26, 2019 Share Posted September 26, 2019 There are..... I say there are - so many amendments in the constitution of the United States of Americaaaa! I can only choose one! I can only choose ooooooone! I plead the fif! I plead the fif! FIVE! Link to comment Share on other sites More sharing options...
Seamus McGillicuddy Posted September 26, 2019 Share Posted September 26, 2019 There is an old saying, any man who represents himself at trial has a fool for both a client and a lawyer. Strangely enough that does not appear to apply to a tailor who presses his own suit Seamus Link to comment Share on other sites More sharing options...
Pat Riot Posted September 26, 2019 Share Posted September 26, 2019 So Alpo, how much did ya get? Link to comment Share on other sites More sharing options...
Marshal Hangtree Posted September 26, 2019 Share Posted September 26, 2019 3 hours ago, Red Gauntlet , SASS 60619 said: If you are a criminal defendant, and you take the stand at your trial, you have waived your rights under the 5th Amendment. You don't get to pick and choose what questions to answer. The prosecutor cannot call you as a witness. Your own counsel can, with your consent. Then you testify on direct examination. The prosecutor can then ask you pretty much anything on cross exam. You have no basis to object on self-incrimination grounds. Exactly. That is much more concise than I would have tried, RG. Well done, Sir. Link to comment Share on other sites More sharing options...
Utah Bob #35998 Posted September 26, 2019 Share Posted September 26, 2019 A. Burgled is correct. B. Don’t take the stand. Like a red said, you don’t have to. Link to comment Share on other sites More sharing options...
Cold Lake Kid, SASS # 51474 Posted September 27, 2019 Share Posted September 27, 2019 I'm just wondering what he did with the money? Has it all gone for lawyer's fees? Link to comment Share on other sites More sharing options...
Muleshoe Bill SASS #67022 Posted September 27, 2019 Share Posted September 27, 2019 I do not understand the question would be my answer Link to comment Share on other sites More sharing options...
Cat Brules Posted September 28, 2019 Share Posted September 28, 2019 On 9/26/2019 at 11:17 AM, Alpo said: I'm up there on the witness stand. Prosecutor says, "So, Alpo. Did you, on the night of June 12, rob the 9th National Bank?" (Technically, if it happened at night, after the bank was closed, I believe it should be "burgled" the 9th National Bank. But I've never heard anyone talk about a bank being burgled - it's always robbed.) I don't have to answer the prosecutor's question. If I say NO, I've committed perjury. If I say YES, I'm convicted. And the fifth amendment says I do not have to convict myself. Can I therefore just say, "I'm not going to answer that question"? Or do I actually have to say something along the lines of, "I am exercising my fifth amendment rights against self-incrimination"? Do I need to use the words FIFTH AMENDMENT? No, I wouldn’t do that. You are in court, where the judge and the attorneys know the law. You can can simply say, “ I refuse to answer the question“. In my mind, specifically stating that you are invoking the Fifth Amendment to the U.S. Constitution t, (“I refuse to answer on the grounds that it may incriminate me.“ or some such language), is in itself an admission of guilt. Cat Brules Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted September 28, 2019 Share Posted September 28, 2019 But if you represent yourself and are convicted, simply request a re-trial on the grounds that you had incompetent counsel. I was on a jury a few years ago - we found the miscreant guilty of rape. The poor victim was put through the grinder. Said miscreant fired his attorney, hired a replacement, replacement did exactly that. Victim refused to go through the ordeal of another trial.... Link to comment Share on other sites More sharing options...
Ozark Huckleberry Posted September 29, 2019 Share Posted September 29, 2019 Just say, “It depends on what the definition of ‘did’ is.” I heard something like that has worked before. Link to comment Share on other sites More sharing options...
Captain Clark Posted September 30, 2019 Share Posted September 30, 2019 To begin with, Don't rob the bank... Link to comment Share on other sites More sharing options...
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