Hacker News new | ask | show | jobs
by staticautomatic 2555 days ago
This is wrong on several counts. They can't force you to talk at all. A subpoena can't compel you to talk. They can't compel you to talk because you have a lawyer. And they certainly can't compel you to take the stand.
1 comments
mirimir 2555 days ago
Huh? In the US?

If you mean that they won't torture you if you refuse to testify at trial, you're correct. But the judge may declare you in contempt, and throw you in jail. And if you continue refusing, there's no limit to jail time. It could be for life, if you're determined enough.

link
staticautomatic 2555 days ago
Absolutely not. You cannot be forced to testify against yourself and you cannot be held in contempt for refusing to do so.

If you are testifying against someone else there are instances in which you can be compelled. Even then you can't be compelled to testify about anything that would implicate you in a crime.

link
mirimir 2555 days ago
Actually, in most if not all US states, you do need to explicitly state that you're invoking 5th Amendment protection. And, as you can see from my GP comment, I already acknowledged 5th Amendment protection.
link
staticautomatic 2555 days ago
Once you invoke the 5th you cannot be compelled to talk or testify against yourself. Full stop. In your post above you said "they can subpoena you," which they can't. You said in that case "you do need to answer questions," which you don't. And you also said you'd have to answer questions "at trial, on the stand," which you don't.
link
mirimir 2555 days ago
IANAL, but I believe that the 5th Amendment applies on a per question basis. You can't just say that you won't answer any questions.

> To sustain the privilege, it need only be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result.'' [emphasis added]

https://constitution.findlaw.com/amendment5/annotation07.htm...

link
staticautomatic 2555 days ago
You're obviously just going to keep dancing around and not admit your error.

Suffice it to say-- one last time-- you cannot be compelled to testify against yourself. Period. End of story. How many times you may end up invoking your right to not testify against yourself, and in what settings, is entirely beside the point.

link