3 ms·

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 Amer

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?

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?