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The privilege against self-incrimination applies to compelling a person to?
Wiki User
∙ 12y ago
I think you may be referring to "compelled testimony", but the "privilege against self-incrimination" is a misnomer and an incorrectly defined and incorrectly expressed concept.
Amendment V to the U.S. Constitution confers a broadly-defined and broadly-conferred right to remain silent. It is not an absolute right, but where it exists in the law it is a fundamental right, and it is assured by the United States Constitution as a matter of both U.S. and State citizenship.
Wiki User
∙ 12y ago
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What is the importance of minority?
It has been said that rights are either absolute, or do not exist at all. Meaning that unless a right is always present, and applies to everyone, it is not a right but a privilege. Privileges can be granted or taken away, rights cannot. From this perspective - if rights are denied to a minority then they are really being denied to everyone.
When do you use applys or applies?
you never use 'applys' because it is not a words. it's always 'applies'.
Is the right to confront witnesses against you a basic civil right?
The right for a person to be confronted with the witnesses against him is a right derived from the confrontation clause of the Sixth Amendment to the United States Constitution. This right is fulfilled by the process of cross examination in criminal proceedings. The right only applies to criminal proceedings, not civil cases.
What term applies to an amendment that is removed by another amendment?
repealed
Which Bill of Rights protection has not been incorporated into the Fourteenth Amendment so that it applies to the states?
c The right to a jury trial in noncriminal cases
Can a husband testify against his wife in a civil suit for his mistress?
Yes, she can.The marital confidences privilege (or marital communications privilege) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage.The privilege generally applies only where both of the following fact situations are present: (1) a third party was not present during the communication (the presence of a third party would destroy the confidential nature of the communication), and (2) both parties intended that the communication be confidential.The privilege is usually restricted to confidential communications made during marriage and does not include communications made before the marriage or after divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage.Either spouse can invoke this privilege, either refusing to testify against their spouse or preventing their spouse from testifying. Finally, courts may require that the communication relate specifically to the marriage.ADDITIONAL; Short answer - - - if they are divorced they are no longer married - she is no longer a "wife" - and the spousal privilege no longer applies.
Do you have to answer questions in court about a civil matter if you know the information you give can be used against your husband?
No you dont its called Spousal privilege which comprises two parts:Part One:::The marital confidences privilege (or marital communications privilege) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage.Part Two:::The spousal testimonial privilege (or spousal immunity) can be used to prevent any party in a civil/criminal case from calling the defendant's spouse to testify against the defendant about any topic.
Can you plea the 5th on a deposition?
The constitutional privilege against self-incrimination applies to a civil proceeding. The U.S. Supreme Court stated the following: "The privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it." See McCarthy v. Arndstein 266 U.S. 34, *40, 45 S.Ct. 16, 17 (U.S. 1924).
The attorney-client privilege only applies to information obtained from the client?
No, it applies to the conversations in general. For example, you cannot be compelled to share what legal advice your attorney gave you, or specific instructions he suggested for the running of your company. However, as always, consult with your attorney to get a specific answer, appropriate to your situation and the laws of your state.
What is a tax base?
It means it applies to a greater amount of the populace, and does not discriminate against a certain group
Is it against the law to be out past a certain time in New Mexico?
Not unless there is a curfew law in effect, and if it applies to you.
What is a broad-based tax?
It means it applies to a greater amount of the populace, and does not discriminate against a certain group
Is it applies to or applies for?
it applies to
Does a homeowner have to pay a deductible on a liability claim brought against them for injuries on their premises?
No. The deductible only applies to them fixing their own house.
What is the rationale for the attorney-client privilege and the husband-wife privilege?
The attorney-client privilege protects the confidentiality of communications between an attorney and a client to encourage open and honest communication for effective legal representation. The husband-wife privilege protects confidential communications between spouses to preserve the privacy and trust within the marital relationship.
Who is covered by laws against insider trading?
The law applies to both the insiders, who have access to nonpublic information, and the people with whom they share such information.
Why can't the government force an organization to accept everyone who applies as a member?
Because doing so might go against the organization's beliefs.
