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Yes, in fact the Fifth Amendment only applies to the court system. Unless you take the stand (in which you waive your fifth amendment right) you can not be called to testify. If you've waived that right you don't get it back during that hearing.

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13y ago

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Which amendment to the Constitution holds that no one can be compelled to be a witness against himself?

Fifth amendment


Can a subpoenaed witness plead the fifth amendment?

Yes, a subpoenaed witness can plead the Fifth Amendment, which protects individuals from self-incrimination. This means they can refuse to answer questions that may incriminate them in a criminal case.


Is the Fifth Amendment right of an individual to be prosecuted by indictment binding on the states as well as the Federal government?

Although I really should be standing on my rights as guaranteed by the Fifth Amendment, I will answer this question in the affirmative.


Can a judge or investigatory body refuse to accept a witness fifth amendment self incrimination claim?

No, they can not. That is what the Fifth Amendment is all about, you can not be forced to incriminate yourself.


Can a witness plead the fifth amendment in a civil case?

Yes, a witness can plead the Fifth Amendment in a civil case to avoid self-incrimination. This means they can refuse to answer questions that may reveal potentially criminal activity.


Can a witness refuse to answer questions in a civil case by pleading the 5th Amendment?

Yes, a witness in a civil case can refuse to answer questions by invoking their Fifth Amendment right against self-incrimination.


Is it possible for a witness to plead the fifth in court?

Yes, a witness can plead the Fifth Amendment in court to avoid self-incrimination by refusing to answer questions that may reveal potentially damaging information about themselves.


Can a witness plead the fifth in a civil case to avoid self-incrimination?

Yes, a witness can plead the Fifth Amendment in a civil case to avoid self-incrimination. This means they can refuse to answer questions that may incriminate themselves.


What does taking the 5th mean?

"Taking the fifth" or "pleading the fifth" means invoking the protection of the Fifth Amendment to the U.S. Constitution--the one that guarantees us the right not to incriminate ourselves. As a witness on the witness stand in court, you can refuse to answer a question if you think the answer might put you in a bad spot with respect to the law. The Wikipedia article on the Fith Amendment (link below) says this: "The Fifth Amendment protects witnesses from being forced to incriminate themselves. To 'plead the fifth' is a refusal to answer a question because the response could form self incriminating evidence."


Can a witness choose to plead the fifth in a civil case to avoid self-incrimination?

Yes, a witness can choose to plead the Fifth Amendment in a civil case to avoid self-incrimination. This means they can refuse to answer questions that may potentially expose them to criminal liability.


Has the Fifth amendment review right to grand jury been incorporated?

Generally speaking, the Fifth Amendment guarantee that "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury" has NOT been incorporated by the Fourteenth Amendment. In other words, this provision of the Fifth Amendment only applies to prosecution conducted by the federal government. It does not apply to persons prosecuted by a state or local government.


What are you doing when you plea the 5th?

When you plea the fifth, you are saying that you refuse to answer the question because the answer might incriminate you. It comes from the fifth amendment of the U.S. Constitution, which says, "...nor shall [a citizen] be compelled in any criminal case to be a witness against himself,..." Any witness can plea the fifth if they so choose.