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When the end comes and you look back on your life, how will reflect on the choices you made? I would testify. Consider that the law firm can subpoena you. If

When the end comes and you look back on your life, how will reflect on the choices you made? I would testify. Consider that the law firm can subpoena you. If the choose to do that you would have no choice but to testify - or rather, you could be prosecuted if you choose not to.

pbhjpbhj 12y ago
Presumably in California USA you can be forced to take the stand as witness but not compelled to bear testimony or indeed speak? (eg http://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html http://criminal.findlaw.com/criminal-rights/fifth-amendment-... penultimate heading).
- MichaelCrawford 12y ago
  The fifth amendment right against self-incrimination only applies to criminal matters, not civil matters. There is a lot about employment law, such as the Americans with Disabilities Act that is civil and not criminal. Also it is the right against SELF incrimination. One can be compelled to incriminate others.
  - late2part 12y ago
    IANAL - but I don't think your first paragraph is accurate. I agree completely with your second paragraph. Let's say Sally is suing Joe for wrecking her car. I was driving Joe's car, and I fled the scene of the accident. I'm subpoenaed in the civil matter to come testify for Sally to say what Joe did. I'm pretty sure that you can tell the judge you refuse to answer due to 5th amendment right. Source: I did this once in a federal civil suit (no vehicles involved)
  - pbhjpbhj 12y ago
    Surely as late2part's sibling post sort of suggests without hearing your testimony the judge can't determine whether it's likely to incriminate you or not - you're called as witness to an RTA that you weren't involved in but you were running drugs at the time? Or you're called on a employment law issue but you should have been under a non-compete [which of course may not be legal, but you don't know that and you can't disclose it without potentially incriminating yourself]? Or ... What's the measure for "self incrimination". For example if I'm called as a witness for a relatively minor offence (non-violent theft say) but it will mean giving evidence that I was cheating on my spouse; that's not criminal but it's potentially going to ruin my life, why would I testify? What about the converse, there's almost always something you could decide was unlawful, you were speeding, you dropped litter, you jaywalked, you illegally parked - if your testimony might reveal such things then can you claim the fifth?
- pbhjpbhj 12y ago
  I don't get it. What's wrong with my question?
MichaelCrawford 12y ago
In a moment I'm going to submit this as an HN story: "Is There a Cause for Which You Would Give Your Life?" http://www.warplife.com/mdc/essays/mental-illness/give-your-life.html http://www.warplife.com/mdc/essays/mental-illness/give-your-... For me, now, there are lots of such causes. But then I am fifty-one years old, I have witnessed a great deal of evil in the world and so would welcome the opportunity to make right that which is wrong.

pbhjpbhj 12y ago

Presumably in California USA you can be forced to take the stand as witness but not compelled to bear testimony or indeed speak? (eg http://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html http://criminal.findlaw.com/criminal-rights/fifth-amendment-... penultimate heading).

MichaelCrawford 12y ago
The fifth amendment right against self-incrimination only applies to criminal matters, not civil matters. There is a lot about employment law, such as the Americans with Disabilities Act that is civil and not criminal. Also it is the right against SELF incrimination. One can be compelled to incriminate others.
- late2part 12y ago
  IANAL - but I don't think your first paragraph is accurate. I agree completely with your second paragraph. Let's say Sally is suing Joe for wrecking her car. I was driving Joe's car, and I fled the scene of the accident. I'm subpoenaed in the civil matter to come testify for Sally to say what Joe did. I'm pretty sure that you can tell the judge you refuse to answer due to 5th amendment right. Source: I did this once in a federal civil suit (no vehicles involved)
- pbhjpbhj 12y ago
  Surely as late2part's sibling post sort of suggests without hearing your testimony the judge can't determine whether it's likely to incriminate you or not - you're called as witness to an RTA that you weren't involved in but you were running drugs at the time? Or you're called on a employment law issue but you should have been under a non-compete [which of course may not be legal, but you don't know that and you can't disclose it without potentially incriminating yourself]? Or ... What's the measure for "self incrimination". For example if I'm called as a witness for a relatively minor offence (non-violent theft say) but it will mean giving evidence that I was cheating on my spouse; that's not criminal but it's potentially going to ruin my life, why would I testify? What about the converse, there's almost always something you could decide was unlawful, you were speeding, you dropped litter, you jaywalked, you illegally parked - if your testimony might reveal such things then can you claim the fifth?
pbhjpbhj 12y ago
I don't get it. What's wrong with my question?

MichaelCrawford 12y ago

In a moment I'm going to submit this as an HN story: "Is There a Cause for Which You Would Give Your Life?" http://www.warplife.com/mdc/essays/mental-illness/give-your-life.html http://www.warplife.com/mdc/essays/mental-illness/give-your-... For me, now, there are lots of such causes. But then I am fifty-one years old, I have witnessed a great deal of evil in the world and so would welcome the opportunity to make right that which is wrong.