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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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The 5th | 107 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The 5th might be nearly useless here anyways
Authored by: Anonymous on Friday, November 09 2012 @ 03:53 PM EST
You are only allowed to use the 5th if you might incriminate yourself otherwise

The fact that you used the 5th can sometimes be used as evidence against you. (I
am unclear if this is the case here).

So considering there are only one or two possible crimes here, perjury, and
possibly misconduct (I'm not sure if lawyers can use the 5th against
misconduct). If using the 5th can be used as evidence of against you here, then
using it is pretty close to confessing to having commited either perjury or
misconduct, or possibly just effectively conffesing to commiting perjury.

[ Reply to This | Parent | # ]

The 5th
Authored by: Anonymous on Friday, November 09 2012 @ 04:26 PM EST
I agree, but how does someone prove a negative? They claim
they would be implicated in a crime if they answer the
question. How do you prove that isn't true. Of course, if
it is something that clearly wouldn't, like if you are
married, then a judge would order them to answer. But
anything like where were you at this time, or what was in
that email you deleted, how can the judge know?

On the other hand, a companies financial records do not get
any such protection. Or other corporate records, like emails
to/from the companies domain.

Just because you don't have to testify against yourself, it
doesn't mean you can't be forced to provide evidence against
yourself. There are cases where a defendant has been
required to provide a password.

[ Reply to This | Parent | # ]

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