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How does one use their 5th Amendment right in court?

Per adventure a young woman is in court and she's being asked about a burglary and she identifies the defendant. Let's say the Defense Attorney wants to use a few side tracking strategies and asking about the nature of the relationship between the witness and the defendant and he asks if they have been "intimate" can the witness at that point say I choose to use my 5th amendment right.

8 Answers

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  • Zach
    Lv 7
    1 decade ago
    Favorite Answer

    Pleading the 5th means you don't have to self-incriminate yourself. If you were asked if you were an accomplice in the burglary you could plead the 5th. If you are asked about your intimate relationship, that would not fall under the 5th amendment and you could refuse to answer, but the judge can force you to answer.

  • Anonymous
    1 decade ago

    The 5th Amendment permits a person to refuse to answer if "that answer might tend to incriminate themselves".

    I don't think admitting a relationship comes under that heading...

  • Anonymous
    1 decade ago

    The 5th amendment is the right to not incriminate yourself, mostly used when you are stopped by a cop. but when you are called upon to testify in court i think you are legally required to say. but i'm not too sure on this, so if your in that situation i would read up on it.

  • Teekno
    Lv 7
    1 decade ago

    Only if admitting the intimacy would be implicating yourself in a crime -- such as the other person is below the age of consent.

    The Fifth Amendment doesn't protect you from revealing embarrassing information -- only information that incriminates you in a crime.

  • 1 decade ago

    If I go break into my ex-wife's house, it doesn't matter that we'd been "intimate." It's a burglary.

    All she has to do is answer, "Yeah, but I recognized him by his face this time, not his..." and let the objection interrupt.

  • 1 decade ago

    NOPE. You must plead the 5th BEFORE any testimony, or you will be held in contempt if you refuse to answer. You can not speak for one side, then not get cross examined.

  • 1 decade ago

    Sure....they do not have to answer the question. That is what the 5th amendment is for.

  • Anonymous
    1 decade ago

    Yell "I PLEAD THE FIFTH!!!"

    Source(s): My high school mediocre Honors Civics & Economics class.
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