But it was Amy, whose words were spoken in Spanish and translated to the jury, who was the most
compelling witness against Errico.
Not exact matches
Biometrics might be cool and convenient, but the technology could potentially undermine your legal rights under the Fifth Amendment, which prohibits the government from
compelling a
witness to testify
against herself.
There are many reasons for this, including the historical failure of any of the various theories to
compel enduring universal consent, a general sense that we blaspheme
against the sheer mystery of God by
witnessing to the glory of God's actions with a cocksure orthodoxy, and a philosophic climate characterized by a profound skepticism about all metaphysical or theological attempts to probe rationally the truth of things.
After
witnessing yet ANOTHER embarrassing footnote in our team's recent history
against Nottingham Forest I felt
compelled to address those who can't seem to resist the obviously tainted Kool - Aid.
The Fifth Amendment says that nobody may be «
compelled in any criminal case to be a
witness against himself,» which has become known as the right to avoid self - incrimination.
In particular, as regards the impact on related criminal proceedings, the protections afforded to criminal defendants are not available to
witnesses in a public inquiry, who may be
compelled to give evidence or disclose documents that may breach the privilege
against self - incrimination that would be available to them in the criminal proceedings themselves.
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.
The amendment is limited to a person who shall be
compelled in any criminal case to be a
witness against himself, and, if he can not set up the privilege of a third person, he certainly can not set up the privilege of a corporation.
If you replace «shotgun» with «risk that a material
witness would be
compelled to testify
against me.»
The accused may not be
compelled as a
witness against himself in criminal proceedings, and therefore only voluntary statements made to police are admissible as evidence.
Charter s. 11 (c): Any person charged with an offence has the right — not to be
compelled to be a
witness in proceedings
against that person in respect of the offence.
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 offense 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.
Stadlen J said the allegations
against Bonhoeffer: «Could hardly be more serious... If proved, they would have a potentially devastating effect on his career, reputation and financial position... not only is this a classic case of one person's word
against another but because the other alleged victims live in Kenya, neither the claimant nor the FTPP nor the GMC has any legal power to
compel their attendance... It is hard to imagine circumstances in which the ability to cross-examine the uncorroborated allegations of a single
witness would assume a greater importance to a professional man faced with such serious allegations.»
It says «no person... shall be
compelled in any criminal case to be a
witness against himself.»
The 5th Amendment («nor shall be
compelled in any criminal case to be a
witness against himself») is not interpreted to imply an absolute privilege to not answer, it means that your answer can not be used
against you in a criminal case.