Tuesday, January 10, 2012

5th Amendment question about self-incrimination?

uming you are in the u.s., you never have to answer any question in any context that could form a link in the chain of evidence of criminal activity. The unasked question is what happens if you refuse. Your situation does not involve court. You seem to be asking about an investigation by some school. The school could be private or government-run. If it is private, they can throw you out for any reason, including any ertion of your rights. If it is government, they are a bit more restricted but they can certainly draw an inference from your silence. In court, it is different. It is unethical to call a witness for the purpose of having him refuse to testify in front of a jury, and juries are instructed not to consider any inference from the failure of a defendant to testify.

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