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Why don't courts and lawyers want people to testify against themselves?
Wiki User
∙ 7y ago
There are differences between using the words can, do, don't, prevent, prohibit, etc.
A person CAN testify him / her- self.
The State (the police; the prosecutor; the Judge; the Jury) CANNOT expect or force a person to testify against him / her- self.
It is called self-incrimination to testify against yourself. Testify here means "speak" (to police), not only speaking in court.
Many people talk too much. They incriminate themselves.
The 5th Amendment protects citizens from being FORCED to give testimony against themselves.
Many people do not know the 5th Amendment. They are ignorant of this law. Some people may be uneducated. The Amendment is designed to protect EVERYONE, whether uneducated or very smart.
However, the 5th Amendment does not mean YOU CANNOT testify against yourself. It is unwise to do, but you CAN if you WANT. You should ask your attorney FIRST.
Reasons a person might decide to "give testimony" despite the 5th Amendment:
- You know 110% you did nothing wrong.
- You believe you acted in self-defense.
- You believe your reasons for the crime fit a lesser charge than the highest charge.
- *****You should ALWAYS ask an attorney, FIRST.
People DO get themselves in trouble by talking!
- They do not KNOW the laws. Example: Accomplices to a crime.
- There are laws that attempt to catch every person who is involved in a wrongful act.... Example: You were just riding in a car, but a gun was under your seat; doesn't matter if you say you did not know it was there.
- Some States have strict laws, example, Domestic Violence; you can be jailed if you just push your partner.
Because some people are uneducated and because many people do not know all the laws, and because State laws differ, lawyers prefer people do not talk (testify) until they consult an attorney. Self-incrimination has no "out". You did what you said you did, even if you did not say it perfectly well the first time, or even if you should have explained better what you meant.
Wiki User
∙ 7y ago
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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 themselvesi.e. you have the right to NOT testify against yourself.In popular culture, "taking the Fifth" means "invoking your right against self-incrimination."
The courts basically decide cases involving crimes against who?
Crime committed against "the state." Individuals (who are victims or complainants) appear in court to testify as to the facts of the crimes committed against them, but the the crime is prosecuted as if it were a crime against all citizens of the state.
What has the author Frederic B Crossley written?
Frederic B. Crossley has written: 'Courts and lawyers of Illinois' -- subject(s): Courts, Judges, Lawyers
Who can use a court reporter?
The courts and lawyers. Court reporters sell the transcripts of the trial to the lawyers involved in the cases.
Can lawyers garnish wages?
Lawyers do not have the ability to garnish wages. That is the jurisdiction of the courts. A lawyer can petition the court for a garnishment for their fees.
Are courts and judges part of the judicial or executive branch?
The courts and the officers of the courts (lawyers, clerks, judges, and so forth) are all members of the judicial branch of government.
Under what circumstances does one have to testify in court?
The circumstances under which one would have to testify in court will vary according to the jurisdiction. In the English courts a witness needs to be cross examined, so that if their testimony is key to the case, they can be subpoenaed. This compels them to attend court and testify.
What is the name of the association that licenses lawyers?
In Pakistan,its Pakistan bar council of supreme court,Punjab bar council of the high courts and district courts of Punjab.
Can a judge force a defendant to 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.
What has the author Rudolph Joseph Gerber written?
Rudolph Joseph Gerber has written: 'Lawyers, courts, and professionalism' -- subject(s): Administration of Justice, Courts, Justice, Administration of, Lawyers 'The insanity defense' -- subject(s): Jurisprudence, Insanity, Criminal liability, Criminal intent
What system makes the judicial branch?
The justice system: courts, judges, lawyers, law enforcement officers
Do you have a lawsuit against makers of serequel if you overdosed on it?
Probably not, if you live anywhere with sensible courts. What harm has occurred as a result of the overdose? Who administered the drug? Dosages are usually stated plainly on packaging or on the accompanying literature. However, in some countries lawyers will take a case against anyone, on the silliest grounds.
