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At that point, is there really a meaningful 5th amendment protection if an opponent can just sue you in court and win either by forcing you to waive it or by de
by mbreese 10y ago
At that point, is there really a meaningful 5th amendment protection if an opponent can just sue you in court and win either by forcing you to waive it or by default?
But the 5th amendment isn't meant to protect a person in a civil case. It's all about what the government can do in a criminal case. So in your example, there aren't just two options (incriminate yourself OR go bankrupt). There is the potential for a third option: go to prison. Most would say that avoiding the third option is the main goal here. So if you go bankrupt during a civil case because you don't want to self-incriminate, then that's the cost for asserting your 5th amendment rights. The 5th amendment isn't about your protecting assets.