Under what conditions can the right to remain silent be revoked in the USA?You have the right to remain...

Either of .... (Plural/Singular)

Cycles on the torus

Create chunks from an array

Movie: boy escapes the real world and goes to a fantasy world with big furry trolls

Are these two graphs isomorphic? Why/Why not?

Should we avoid writing fiction about historical events without extensive research?

Are all players supposed to be able to see each others' character sheets?

Smooth vector fields on a surface modulo diffeomorphisms

Would those living in a "perfect society" not understand satire

Why does Central Limit Theorem break down in my simulation?

ESPP--any reason not to go all in?

Has a sovereign Communist government ever run, and conceded loss, on a fair election?

If nine coins are tossed, what is the probability that the number of heads is even?

How to educate team mate to take screenshots for bugs with out unwanted stuff

How exactly does an Ethernet collision happen in the cable, since nodes use different circuits for Tx and Rx?

Can the Witch Sight warlock invocation see through the Mirror Image spell?

What should I do when a paper is published similar to my PhD thesis without citation?

Trocar background-image com delay via jQuery

Translation of 答えを知っている人はいませんでした

Giving a career talk in my old university, how prominently should I tell students my salary?

Writing text next to a table

Use Mercury as quenching liquid for swords?

Sampling from Gaussian mixture models, when are the sampled data independent?

What do you call someone who likes to pick fights?



Under what conditions can the right to remain silent be revoked in the USA?


You have the right to remain silent, but why?Where does the right to refuse service come from?Who are the individuals behind China's right against self-incrimination initiative?What does “far-right extremist” mean?Under what conditions would North Korea be likely to negotiate a nuclear deal?You have the right to remain silent, but why?Under what conditions can US influence legislative process in another country?What is a “right” according to the U.S. Constitution?Can confirmations be revoked?Which USA Politicians want to shut down the CIA?If the 25th amendment gets revoked?













1















To quote this article about Chelsea Manning's jailing:




She said prosecutors have granted her immunity for her testimony, which eliminates her ability to invoke her Fifth Amendment right against self-incrimination.




I don't understand how granting immunity for a testimony can eliminate the right to remain silent?



linked: https://politics.stackexchange.com/a/23980/6057










share|improve this question




















  • 8





    The right is to not incriminate yourself, not to remain silent. If your speech cannot incriminate you, then you can't say 'Im remaining silent to avoid incriminating myself'

    – Orangesandlemons
    6 hours ago






  • 2





    @Orangesandlemons that's an answer, not a comment.

    – phoog
    2 hours ago
















1















To quote this article about Chelsea Manning's jailing:




She said prosecutors have granted her immunity for her testimony, which eliminates her ability to invoke her Fifth Amendment right against self-incrimination.




I don't understand how granting immunity for a testimony can eliminate the right to remain silent?



linked: https://politics.stackexchange.com/a/23980/6057










share|improve this question




















  • 8





    The right is to not incriminate yourself, not to remain silent. If your speech cannot incriminate you, then you can't say 'Im remaining silent to avoid incriminating myself'

    – Orangesandlemons
    6 hours ago






  • 2





    @Orangesandlemons that's an answer, not a comment.

    – phoog
    2 hours ago














1












1








1








To quote this article about Chelsea Manning's jailing:




She said prosecutors have granted her immunity for her testimony, which eliminates her ability to invoke her Fifth Amendment right against self-incrimination.




I don't understand how granting immunity for a testimony can eliminate the right to remain silent?



linked: https://politics.stackexchange.com/a/23980/6057










share|improve this question
















To quote this article about Chelsea Manning's jailing:




She said prosecutors have granted her immunity for her testimony, which eliminates her ability to invoke her Fifth Amendment right against self-incrimination.




I don't understand how granting immunity for a testimony can eliminate the right to remain silent?



linked: https://politics.stackexchange.com/a/23980/6057







united-states law human-rights






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 11 mins ago









TheLeopard

1,336418




1,336418










asked 6 hours ago









toogleytoogley

347118




347118








  • 8





    The right is to not incriminate yourself, not to remain silent. If your speech cannot incriminate you, then you can't say 'Im remaining silent to avoid incriminating myself'

    – Orangesandlemons
    6 hours ago






  • 2





    @Orangesandlemons that's an answer, not a comment.

    – phoog
    2 hours ago














  • 8





    The right is to not incriminate yourself, not to remain silent. If your speech cannot incriminate you, then you can't say 'Im remaining silent to avoid incriminating myself'

    – Orangesandlemons
    6 hours ago






  • 2





    @Orangesandlemons that's an answer, not a comment.

    – phoog
    2 hours ago








8




8





The right is to not incriminate yourself, not to remain silent. If your speech cannot incriminate you, then you can't say 'Im remaining silent to avoid incriminating myself'

– Orangesandlemons
6 hours ago





The right is to not incriminate yourself, not to remain silent. If your speech cannot incriminate you, then you can't say 'Im remaining silent to avoid incriminating myself'

– Orangesandlemons
6 hours ago




2




2





@Orangesandlemons that's an answer, not a comment.

– phoog
2 hours ago





@Orangesandlemons that's an answer, not a comment.

– phoog
2 hours ago










2 Answers
2






active

oldest

votes


















5














The actual wording of the Fifth Admendment is




No person ... shall be compelled in any criminal case to be a witness against himself, ...




Once a person has been granted immunity, that person's testimony cannot be used against him or her, and so compelling testimony does not violate this right.



A person asserting this right ("Pleading the Fifth") must have a reasonable belief that the testimony might actually be used in a criminal proceeding against him or her.



In Murphy v. Waterfront Comm'n, 378 U.S. 52 (1964) at page 68 it is pointed out that




the danger of prosecution "must be real and appreciable . . . , not a danger of an imaginary and unsubstantial character. . . ."




(quoting The Queen v. Boyes, 1 B. & S. 311, a English case decided by the Queen's Bench in 1861)




In The Queen v. Boyes a witness had declined to answer a question on the ground that it might tend to incriminate him, whereupon the




"Solicitor General then produced a pardon of the witness."




The witness nevertheless refused to answer the question on the ground that he could still be impeached by the Parliament. The court held




"that the danger to be apprehended must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things -- not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency so improbable that no reasonable man would suffer it to influence his conduct. . . ."





(from Footnote 7 of Murphy)



Murphy v. Waterfront Comm'n, reviews the history of grants of immunity is some detail, and is worth reading for those interested in the subject. In that case the rule against self-incrimination was made fully applicable to the states, and State and Federal governments were each required to honor grants of immunity by the other.






share|improve this answer










New contributor




David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




























    1














    Go to the actual text of the Fifth Amendment:




    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.




    On a strictly literal reading, this is a very narrow right, which can only be violated if:




    1. There is a criminal trial.

    2. A witness is called during the trial.

    3. The witness is the defendant.

    4. The testimony is compelled.


    However, the actual law as interpreted by the Supreme Court is closer to the following:




    1. There is a possibility of criminal prosecution.

    2. Someone gives testimony which could be used to prosecute that crime.

    3. The witness could potentially be a defendant.

    4. The testimony is compelled. If the witness was in custody, this requirement is assumed and must be rebutted by an explicit waiver of rights.


    Transactional (sometimes called "blanket" or "total") immunity eliminates #3 (by making the witness not liable for the crime at all), and "use and derivative use" immunity eliminates #2 (by making the statements inadmissible at trial). In Kastigar v. United States, the Supreme Court ruled that use and derivative use immunity is sufficient to avoid offending the Fifth Amendment in federal cases. State cases are complicated by the additional rights afforded by the constitutions of each state, and the requirements therefore vary by state.






    share|improve this answer


























    • In the actual interpretation section, shouldn't "gives testimony" be "makes a statement"? For example, statements made in response to a police interrogation are not testimony, yet it is well known that the Supreme Court has held that the fifth amendment prevents police from compelling such statements.

      – phoog
      2 hours ago











    • @phoog: No, because "testimony" does not exclusively refer to statements made during a trial or before a grand jury. It would indeed include statements made in response to a police interrogation. However, it typically would not include, for example, the production of documents or physical evidence. The word "testimonial" is specifically used when evaluating whether something is eligible for Fifth Amendment protections, so removing it from my answer would be misleading at best.

      – Kevin
      2 hours ago













    • @phoog actually, the fifth amendment's provision against self-incrimination does not, directly, prohibit forced confessions or police abuse. What it does is render such statements inadmissible in court, i.e that cannot be used as testimony. It also excludes evidence found by aid of such statements i.e "fruit of the poisoned tree". Police abuse can be addressed by section 1983 suits.

      – David Siegel
      1 hour ago











    Your Answer








    StackExchange.ready(function() {
    var channelOptions = {
    tags: "".split(" "),
    id: "475"
    };
    initTagRenderer("".split(" "), "".split(" "), channelOptions);

    StackExchange.using("externalEditor", function() {
    // Have to fire editor after snippets, if snippets enabled
    if (StackExchange.settings.snippets.snippetsEnabled) {
    StackExchange.using("snippets", function() {
    createEditor();
    });
    }
    else {
    createEditor();
    }
    });

    function createEditor() {
    StackExchange.prepareEditor({
    heartbeatType: 'answer',
    autoActivateHeartbeat: false,
    convertImagesToLinks: false,
    noModals: true,
    showLowRepImageUploadWarning: true,
    reputationToPostImages: null,
    bindNavPrevention: true,
    postfix: "",
    imageUploader: {
    brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
    contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
    allowUrls: true
    },
    noCode: true, onDemand: true,
    discardSelector: ".discard-answer"
    ,immediatelyShowMarkdownHelp:true
    });


    }
    });














    draft saved

    draft discarded


















    StackExchange.ready(
    function () {
    StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f39307%2funder-what-conditions-can-the-right-to-remain-silent-be-revoked-in-the-usa%23new-answer', 'question_page');
    }
    );

    Post as a guest















    Required, but never shown

























    2 Answers
    2






    active

    oldest

    votes








    2 Answers
    2






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    5














    The actual wording of the Fifth Admendment is




    No person ... shall be compelled in any criminal case to be a witness against himself, ...




    Once a person has been granted immunity, that person's testimony cannot be used against him or her, and so compelling testimony does not violate this right.



    A person asserting this right ("Pleading the Fifth") must have a reasonable belief that the testimony might actually be used in a criminal proceeding against him or her.



    In Murphy v. Waterfront Comm'n, 378 U.S. 52 (1964) at page 68 it is pointed out that




    the danger of prosecution "must be real and appreciable . . . , not a danger of an imaginary and unsubstantial character. . . ."




    (quoting The Queen v. Boyes, 1 B. & S. 311, a English case decided by the Queen's Bench in 1861)




    In The Queen v. Boyes a witness had declined to answer a question on the ground that it might tend to incriminate him, whereupon the




    "Solicitor General then produced a pardon of the witness."




    The witness nevertheless refused to answer the question on the ground that he could still be impeached by the Parliament. The court held




    "that the danger to be apprehended must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things -- not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency so improbable that no reasonable man would suffer it to influence his conduct. . . ."





    (from Footnote 7 of Murphy)



    Murphy v. Waterfront Comm'n, reviews the history of grants of immunity is some detail, and is worth reading for those interested in the subject. In that case the rule against self-incrimination was made fully applicable to the states, and State and Federal governments were each required to honor grants of immunity by the other.






    share|improve this answer










    New contributor




    David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.

























      5














      The actual wording of the Fifth Admendment is




      No person ... shall be compelled in any criminal case to be a witness against himself, ...




      Once a person has been granted immunity, that person's testimony cannot be used against him or her, and so compelling testimony does not violate this right.



      A person asserting this right ("Pleading the Fifth") must have a reasonable belief that the testimony might actually be used in a criminal proceeding against him or her.



      In Murphy v. Waterfront Comm'n, 378 U.S. 52 (1964) at page 68 it is pointed out that




      the danger of prosecution "must be real and appreciable . . . , not a danger of an imaginary and unsubstantial character. . . ."




      (quoting The Queen v. Boyes, 1 B. & S. 311, a English case decided by the Queen's Bench in 1861)




      In The Queen v. Boyes a witness had declined to answer a question on the ground that it might tend to incriminate him, whereupon the




      "Solicitor General then produced a pardon of the witness."




      The witness nevertheless refused to answer the question on the ground that he could still be impeached by the Parliament. The court held




      "that the danger to be apprehended must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things -- not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency so improbable that no reasonable man would suffer it to influence his conduct. . . ."





      (from Footnote 7 of Murphy)



      Murphy v. Waterfront Comm'n, reviews the history of grants of immunity is some detail, and is worth reading for those interested in the subject. In that case the rule against self-incrimination was made fully applicable to the states, and State and Federal governments were each required to honor grants of immunity by the other.






      share|improve this answer










      New contributor




      David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.























        5












        5








        5







        The actual wording of the Fifth Admendment is




        No person ... shall be compelled in any criminal case to be a witness against himself, ...




        Once a person has been granted immunity, that person's testimony cannot be used against him or her, and so compelling testimony does not violate this right.



        A person asserting this right ("Pleading the Fifth") must have a reasonable belief that the testimony might actually be used in a criminal proceeding against him or her.



        In Murphy v. Waterfront Comm'n, 378 U.S. 52 (1964) at page 68 it is pointed out that




        the danger of prosecution "must be real and appreciable . . . , not a danger of an imaginary and unsubstantial character. . . ."




        (quoting The Queen v. Boyes, 1 B. & S. 311, a English case decided by the Queen's Bench in 1861)




        In The Queen v. Boyes a witness had declined to answer a question on the ground that it might tend to incriminate him, whereupon the




        "Solicitor General then produced a pardon of the witness."




        The witness nevertheless refused to answer the question on the ground that he could still be impeached by the Parliament. The court held




        "that the danger to be apprehended must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things -- not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency so improbable that no reasonable man would suffer it to influence his conduct. . . ."





        (from Footnote 7 of Murphy)



        Murphy v. Waterfront Comm'n, reviews the history of grants of immunity is some detail, and is worth reading for those interested in the subject. In that case the rule against self-incrimination was made fully applicable to the states, and State and Federal governments were each required to honor grants of immunity by the other.






        share|improve this answer










        New contributor




        David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.










        The actual wording of the Fifth Admendment is




        No person ... shall be compelled in any criminal case to be a witness against himself, ...




        Once a person has been granted immunity, that person's testimony cannot be used against him or her, and so compelling testimony does not violate this right.



        A person asserting this right ("Pleading the Fifth") must have a reasonable belief that the testimony might actually be used in a criminal proceeding against him or her.



        In Murphy v. Waterfront Comm'n, 378 U.S. 52 (1964) at page 68 it is pointed out that




        the danger of prosecution "must be real and appreciable . . . , not a danger of an imaginary and unsubstantial character. . . ."




        (quoting The Queen v. Boyes, 1 B. & S. 311, a English case decided by the Queen's Bench in 1861)




        In The Queen v. Boyes a witness had declined to answer a question on the ground that it might tend to incriminate him, whereupon the




        "Solicitor General then produced a pardon of the witness."




        The witness nevertheless refused to answer the question on the ground that he could still be impeached by the Parliament. The court held




        "that the danger to be apprehended must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things -- not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency so improbable that no reasonable man would suffer it to influence his conduct. . . ."





        (from Footnote 7 of Murphy)



        Murphy v. Waterfront Comm'n, reviews the history of grants of immunity is some detail, and is worth reading for those interested in the subject. In that case the rule against self-incrimination was made fully applicable to the states, and State and Federal governments were each required to honor grants of immunity by the other.







        share|improve this answer










        New contributor




        David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.









        share|improve this answer



        share|improve this answer








        edited 2 hours ago





















        New contributor




        David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.









        answered 4 hours ago









        David SiegelDavid Siegel

        1634




        1634




        New contributor




        David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.





        New contributor





        David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.






        David Siegel is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.























            1














            Go to the actual text of the Fifth Amendment:




            No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.




            On a strictly literal reading, this is a very narrow right, which can only be violated if:




            1. There is a criminal trial.

            2. A witness is called during the trial.

            3. The witness is the defendant.

            4. The testimony is compelled.


            However, the actual law as interpreted by the Supreme Court is closer to the following:




            1. There is a possibility of criminal prosecution.

            2. Someone gives testimony which could be used to prosecute that crime.

            3. The witness could potentially be a defendant.

            4. The testimony is compelled. If the witness was in custody, this requirement is assumed and must be rebutted by an explicit waiver of rights.


            Transactional (sometimes called "blanket" or "total") immunity eliminates #3 (by making the witness not liable for the crime at all), and "use and derivative use" immunity eliminates #2 (by making the statements inadmissible at trial). In Kastigar v. United States, the Supreme Court ruled that use and derivative use immunity is sufficient to avoid offending the Fifth Amendment in federal cases. State cases are complicated by the additional rights afforded by the constitutions of each state, and the requirements therefore vary by state.






            share|improve this answer


























            • In the actual interpretation section, shouldn't "gives testimony" be "makes a statement"? For example, statements made in response to a police interrogation are not testimony, yet it is well known that the Supreme Court has held that the fifth amendment prevents police from compelling such statements.

              – phoog
              2 hours ago











            • @phoog: No, because "testimony" does not exclusively refer to statements made during a trial or before a grand jury. It would indeed include statements made in response to a police interrogation. However, it typically would not include, for example, the production of documents or physical evidence. The word "testimonial" is specifically used when evaluating whether something is eligible for Fifth Amendment protections, so removing it from my answer would be misleading at best.

              – Kevin
              2 hours ago













            • @phoog actually, the fifth amendment's provision against self-incrimination does not, directly, prohibit forced confessions or police abuse. What it does is render such statements inadmissible in court, i.e that cannot be used as testimony. It also excludes evidence found by aid of such statements i.e "fruit of the poisoned tree". Police abuse can be addressed by section 1983 suits.

              – David Siegel
              1 hour ago
















            1














            Go to the actual text of the Fifth Amendment:




            No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.




            On a strictly literal reading, this is a very narrow right, which can only be violated if:




            1. There is a criminal trial.

            2. A witness is called during the trial.

            3. The witness is the defendant.

            4. The testimony is compelled.


            However, the actual law as interpreted by the Supreme Court is closer to the following:




            1. There is a possibility of criminal prosecution.

            2. Someone gives testimony which could be used to prosecute that crime.

            3. The witness could potentially be a defendant.

            4. The testimony is compelled. If the witness was in custody, this requirement is assumed and must be rebutted by an explicit waiver of rights.


            Transactional (sometimes called "blanket" or "total") immunity eliminates #3 (by making the witness not liable for the crime at all), and "use and derivative use" immunity eliminates #2 (by making the statements inadmissible at trial). In Kastigar v. United States, the Supreme Court ruled that use and derivative use immunity is sufficient to avoid offending the Fifth Amendment in federal cases. State cases are complicated by the additional rights afforded by the constitutions of each state, and the requirements therefore vary by state.






            share|improve this answer


























            • In the actual interpretation section, shouldn't "gives testimony" be "makes a statement"? For example, statements made in response to a police interrogation are not testimony, yet it is well known that the Supreme Court has held that the fifth amendment prevents police from compelling such statements.

              – phoog
              2 hours ago











            • @phoog: No, because "testimony" does not exclusively refer to statements made during a trial or before a grand jury. It would indeed include statements made in response to a police interrogation. However, it typically would not include, for example, the production of documents or physical evidence. The word "testimonial" is specifically used when evaluating whether something is eligible for Fifth Amendment protections, so removing it from my answer would be misleading at best.

              – Kevin
              2 hours ago













            • @phoog actually, the fifth amendment's provision against self-incrimination does not, directly, prohibit forced confessions or police abuse. What it does is render such statements inadmissible in court, i.e that cannot be used as testimony. It also excludes evidence found by aid of such statements i.e "fruit of the poisoned tree". Police abuse can be addressed by section 1983 suits.

              – David Siegel
              1 hour ago














            1












            1








            1







            Go to the actual text of the Fifth Amendment:




            No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.




            On a strictly literal reading, this is a very narrow right, which can only be violated if:




            1. There is a criminal trial.

            2. A witness is called during the trial.

            3. The witness is the defendant.

            4. The testimony is compelled.


            However, the actual law as interpreted by the Supreme Court is closer to the following:




            1. There is a possibility of criminal prosecution.

            2. Someone gives testimony which could be used to prosecute that crime.

            3. The witness could potentially be a defendant.

            4. The testimony is compelled. If the witness was in custody, this requirement is assumed and must be rebutted by an explicit waiver of rights.


            Transactional (sometimes called "blanket" or "total") immunity eliminates #3 (by making the witness not liable for the crime at all), and "use and derivative use" immunity eliminates #2 (by making the statements inadmissible at trial). In Kastigar v. United States, the Supreme Court ruled that use and derivative use immunity is sufficient to avoid offending the Fifth Amendment in federal cases. State cases are complicated by the additional rights afforded by the constitutions of each state, and the requirements therefore vary by state.






            share|improve this answer















            Go to the actual text of the Fifth Amendment:




            No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.




            On a strictly literal reading, this is a very narrow right, which can only be violated if:




            1. There is a criminal trial.

            2. A witness is called during the trial.

            3. The witness is the defendant.

            4. The testimony is compelled.


            However, the actual law as interpreted by the Supreme Court is closer to the following:




            1. There is a possibility of criminal prosecution.

            2. Someone gives testimony which could be used to prosecute that crime.

            3. The witness could potentially be a defendant.

            4. The testimony is compelled. If the witness was in custody, this requirement is assumed and must be rebutted by an explicit waiver of rights.


            Transactional (sometimes called "blanket" or "total") immunity eliminates #3 (by making the witness not liable for the crime at all), and "use and derivative use" immunity eliminates #2 (by making the statements inadmissible at trial). In Kastigar v. United States, the Supreme Court ruled that use and derivative use immunity is sufficient to avoid offending the Fifth Amendment in federal cases. State cases are complicated by the additional rights afforded by the constitutions of each state, and the requirements therefore vary by state.







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited 4 hours ago

























            answered 4 hours ago









            KevinKevin

            1,608723




            1,608723













            • In the actual interpretation section, shouldn't "gives testimony" be "makes a statement"? For example, statements made in response to a police interrogation are not testimony, yet it is well known that the Supreme Court has held that the fifth amendment prevents police from compelling such statements.

              – phoog
              2 hours ago











            • @phoog: No, because "testimony" does not exclusively refer to statements made during a trial or before a grand jury. It would indeed include statements made in response to a police interrogation. However, it typically would not include, for example, the production of documents or physical evidence. The word "testimonial" is specifically used when evaluating whether something is eligible for Fifth Amendment protections, so removing it from my answer would be misleading at best.

              – Kevin
              2 hours ago













            • @phoog actually, the fifth amendment's provision against self-incrimination does not, directly, prohibit forced confessions or police abuse. What it does is render such statements inadmissible in court, i.e that cannot be used as testimony. It also excludes evidence found by aid of such statements i.e "fruit of the poisoned tree". Police abuse can be addressed by section 1983 suits.

              – David Siegel
              1 hour ago



















            • In the actual interpretation section, shouldn't "gives testimony" be "makes a statement"? For example, statements made in response to a police interrogation are not testimony, yet it is well known that the Supreme Court has held that the fifth amendment prevents police from compelling such statements.

              – phoog
              2 hours ago











            • @phoog: No, because "testimony" does not exclusively refer to statements made during a trial or before a grand jury. It would indeed include statements made in response to a police interrogation. However, it typically would not include, for example, the production of documents or physical evidence. The word "testimonial" is specifically used when evaluating whether something is eligible for Fifth Amendment protections, so removing it from my answer would be misleading at best.

              – Kevin
              2 hours ago













            • @phoog actually, the fifth amendment's provision against self-incrimination does not, directly, prohibit forced confessions or police abuse. What it does is render such statements inadmissible in court, i.e that cannot be used as testimony. It also excludes evidence found by aid of such statements i.e "fruit of the poisoned tree". Police abuse can be addressed by section 1983 suits.

              – David Siegel
              1 hour ago

















            In the actual interpretation section, shouldn't "gives testimony" be "makes a statement"? For example, statements made in response to a police interrogation are not testimony, yet it is well known that the Supreme Court has held that the fifth amendment prevents police from compelling such statements.

            – phoog
            2 hours ago





            In the actual interpretation section, shouldn't "gives testimony" be "makes a statement"? For example, statements made in response to a police interrogation are not testimony, yet it is well known that the Supreme Court has held that the fifth amendment prevents police from compelling such statements.

            – phoog
            2 hours ago













            @phoog: No, because "testimony" does not exclusively refer to statements made during a trial or before a grand jury. It would indeed include statements made in response to a police interrogation. However, it typically would not include, for example, the production of documents or physical evidence. The word "testimonial" is specifically used when evaluating whether something is eligible for Fifth Amendment protections, so removing it from my answer would be misleading at best.

            – Kevin
            2 hours ago







            @phoog: No, because "testimony" does not exclusively refer to statements made during a trial or before a grand jury. It would indeed include statements made in response to a police interrogation. However, it typically would not include, for example, the production of documents or physical evidence. The word "testimonial" is specifically used when evaluating whether something is eligible for Fifth Amendment protections, so removing it from my answer would be misleading at best.

            – Kevin
            2 hours ago















            @phoog actually, the fifth amendment's provision against self-incrimination does not, directly, prohibit forced confessions or police abuse. What it does is render such statements inadmissible in court, i.e that cannot be used as testimony. It also excludes evidence found by aid of such statements i.e "fruit of the poisoned tree". Police abuse can be addressed by section 1983 suits.

            – David Siegel
            1 hour ago





            @phoog actually, the fifth amendment's provision against self-incrimination does not, directly, prohibit forced confessions or police abuse. What it does is render such statements inadmissible in court, i.e that cannot be used as testimony. It also excludes evidence found by aid of such statements i.e "fruit of the poisoned tree". Police abuse can be addressed by section 1983 suits.

            – David Siegel
            1 hour ago


















            draft saved

            draft discarded




















































            Thanks for contributing an answer to Politics Stack Exchange!


            • Please be sure to answer the question. Provide details and share your research!

            But avoid



            • Asking for help, clarification, or responding to other answers.

            • Making statements based on opinion; back them up with references or personal experience.


            To learn more, see our tips on writing great answers.




            draft saved


            draft discarded














            StackExchange.ready(
            function () {
            StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f39307%2funder-what-conditions-can-the-right-to-remain-silent-be-revoked-in-the-usa%23new-answer', 'question_page');
            }
            );

            Post as a guest















            Required, but never shown





















































            Required, but never shown














            Required, but never shown












            Required, but never shown







            Required, but never shown

































            Required, but never shown














            Required, but never shown












            Required, but never shown







            Required, but never shown







            Popular posts from this blog

            ORA-01691 (unable to extend lob segment) even though my tablespace has AUTOEXTEND onORA-01692: unable to...

            Always On Availability groups resolving state after failover - Remote harden of transaction...

            Circunscripción electoral de Guipúzcoa Referencias Menú de navegaciónLas claves del sistema electoral en...