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by lesuorac 44 days 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.
2 comments

> 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.

The 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.
Could you share links about this? When it turned into a different interpretation?
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)