Who Can Claim the Fifth Amendment Privilege at Trial?
At a criminal trial, it is not only the defendant who enjoys the Fifth Amendment privilege. Witnesses who are asked to testify can refuse to answer certain questions by asserting their Fifth Amendment rights, if to answer would implicate them in any type of criminal activity. Unlike defendants in a criminal case, who have the right not to take the witness stand at all, a witness may be forced to testify (by subpoena or other means) but may exercise his or her Fifth Amendment right by refusing to answer certain questions. [Note: The Fifth Amendment also provides the basis for an individual’s “Miranda” rights while in police custody.
Related Questions
- Does the fifth amendment privilege extend to a civil case, such as my divorce if for example my wife’s lawyer asks me if I failed to report and pay taxes on cash that I earned in my business ?
- Is that the fifth amendment privilege against self incrimination?
- Who Can Claim the Fifth Amendment Privilege at Trial?
