Asked in Politics and Government
The right of the president to refuse to testify before Congress or a court is called?
executive privilege. Executive Privilege is not an unlimited right to refuse. It extends only to those topics or areas which are critical for the President to retain privacy in order to accomplish his role as Executive. As such, it was possible for Congress to compel Bill Clinton to testify regarding the Whitewater affair. ...
What is the name for the president right to refuse to testify before or provide information to Congress or a court?
Under the U.S. Constitution and the Separation of Powers protections a President is compelled to appear and testify before Congress when instructed to do so. The first job of the President is to enforce the law and the Constitution states that the law is whatever Congress declares it to be. Therefore, for a President to not appear and testify before Congress would be a failure to execute his duties and a violation of the Separation of Powers rule. ...
Asked in Criminal Law, US Constitution, Court Procedure
Does a fact witness have a right NOT to testify in court?
No. No one has the right to impede justice. If they have information that is material and relevant to the case, they do not have the option to withhold it. They may be questioned as a "hostile witness" or they may be ordered by the judge to testify. If they refuse they can be held in contempt of court and jailed and/or fined. ...
Asked in US Constitution, Criminal Law
If you have been subpoenad by the state to testify as a witness on behalf of the state What is the worst that can happen to you if you dont go to court or if you refuse to testify once you are there?
If you refuse to honor a subpoena, an arrest warrant can be issued and contempt proceedings initiated. If you appear but refuse to testify, unless you are invoking your fifth amendment right against self-incrimination or asserting a recognized privilege against compelled testimony, you can also be held in contempt. Of course, it's hard to find a witness in contempt for an inability to remember. ...
What is the right of a US President to refuse to testify before Congress or a court?
Executive Privilege. Executive privilege is not absolute; there are exceptions when the President cannot invoke this power. The Supreme Court addressed this issue in United States v. Nixon, (1974). For more information, see Related Questions, below. ...
Asked in Court Procedure
Can the courts force a witness to take the stand and testify?
Yes, in general the courts can force you to testify with some exceptions. You have the right to refuse to testify if your testimony would tend to incriminate you. In addition the laws and Rules of Evidence provide certain people privileges from being forced to testify as to certain matters, such as for example, the attorney-client and priest-penitent privilege. ...
Are similarities between the USConstitution and the Venezuelan Declaration of Independence?
hey both guarantee equality to all people. They both include a right to refuse to testify against oneself." ...
Asked in US Congress
What kinds of powers do congress have while conducting investigations?
While conducting investigations, Congress has the power to subpoena witnesses, require witnesses to testify under oath, and can punish those that refuse to testify. ...
Asked in Law & Legal Issues
You don't want to testify?
I don't believe you have much choice. If you are not the defendant, married to the defendant, or legally insane and a danger to your self and others, you have to testify. If you refuse, you can be held in 'Contempt of Court', and will go to jail. ...
Asked in US Constitution
Can a defendant cannot be forced to testify against himself or herself in a criminal trial?
Yes. This is known as the prohibition against self-incrimination or the right to silence. In the US legal system this is a right guaranteed by the Fifth Amendment. "Taking the fifth" means refusing to answer a question on the basis that you may incriminate yourself. It is illegal to convict someone for a crime on the basis that they refuse to testify against themselves. ...
Asked in Criminal Law, US Constitution
What amendment says a person has the right to testify against himself?
NO amendment says a person has the right to testify against himself (which is true), but there is one that says the opposite. The Fifth Amendment, part of the Bill of Rights, says that no citizen can be forced to testify against themselves i.e. you have the right to NOT testify against yourself. In popular culture, "taking the Fifth" means "invoking your right against self-incrimination." ...
Asked in Bill of Rights
How does the 5th amendment affect the people in the US?
It gives Americans the right to refuse to testify against themselves, meaning you cannot be forced to testify at all in court if you are facing charges for a crime. Before, people would be "encouraged" to testify. One popular method was called pressing, where large stones would be placed on top of a person until they either entered a guilty/not guilty plea or suffocated from the weight. ...
Asked in US Constitution
What does Admendment 5 of the US Constitution guarantee or protect?
Your right to not testify in court against yourself. If your testimony will incriminate you, or find you guilty, you have the right to take the fifth amendment and choose not testify. ...