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Yeah, the Framers of the constitution felt the same as you and the 5th amendment used to apply to your belongings as well so a diary you wrote couldn't be used
by lesuorac 6mo ago
Yeah, the Framers of the constitution felt the same as you and the 5th amendment used to apply to your belongings as well so a diary you wrote couldn't be used against you.
- bonsai_spool 6mo ago> your belongings as well so a diary you wrote couldn't be used against you What's the history around this? And don't these protections only relate to criminal proceedings? edit: seems the parent is referring to the historical entity of the mere evidence rule which isn't the same as saying that the Framers believed a certain interpretation for the 4/5th amendments.
- JackFr 6mo agoThe right against self-incrimination is limited in civil trials. Additionally, unlike criminal trials where a jury will be instructed that a defendant's refusal to answer cannot be construed as evidence, there is no such instruction in civil trials, and it is common to argue that a refusal to answer indicates hiding something.
- solomatov 6mo agoCould you share links about this? When it turned into a different interpretation?
- lesuorac 6mo agohttps://en.wikipedia.org/wiki/Mere_evidence_rule https://en.wikipedia.org/wiki/Mere_evidence_rule (4th and 5th overlap here but I generally just cite the 5th as the reason why the 4th applies is because of the 5th)
- deleted 6mo ago[deleted]
- pen1slicker 6mo ago[dead]