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Do you have to actually say FIFTH AMENDMENT?


Alpo

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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?

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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.

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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

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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.

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A.  Burgled is correct.

B. Don’t take the stand. Like a red said, you don’t have to.

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I'm just wondering what he did with the money?

Has it all gone for lawyer's fees?

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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

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But if you represent yourself and are convicted, simply request a re-trial on the grounds that you had incompetent counsel.  :mellow:

 

I was on a jury a few years ago - we found the miscreant guilty of rape.  The poor victim was put through the grinder.  :angry:

 

Said miscreant fired his attorney, hired a replacement, replacement did exactly that.  Victim refused to go through the ordeal of another trial....   :(

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