Does a refusal constitute a testimonial for purposes of the Fifth Amendment?
MultiRegion, United States of America
The following excerpt is from Welch v. District Court of Vermont Unit No. 5, Washington County, 594 F.2d 903 (2nd Cir. 1979):
3 Although the defendant's negative response does contain certain communicative qualities by definition, that alone does not render the refusal "sufficiently testimonial for purposes of the (Fifth Amendment) privilege." Fisher v. United States, 425 U.S. 391, 411, 96 S.Ct. 1569, 1581, 48 L.Ed.2d 39 (1976).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
How does the Fifth Amendment protect a defendant's Fifth Amendment right to remain silent? (MultiRegion, United States of America)
Can a defendant who has been charged with a capital crime under the Fifth Amendment be held to answer for his Fifth Amendment? (MultiRegion, United States of America)
Can a motion to amend the constitution be amended when the claim that the amendment is futile? (MultiRegion, United States of America)
Does a refusal to allow a defendant to present a legally insufficient defense constitute a deprivation of his Fifth Amendment right to testify in his own behalf? (MultiRegion, United States of America)
What is the government's argument that there is a Fifth Amendment privilege against self-incrimination under the Fifth Amendment? (MultiRegion, United States of America)
Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
Is a tattoo on the back of the head a testimonial for the Fifth Amendment? (MultiRegion, United States of America)
Does the requirement of production of books and papers constitute the Fifth Amendment privilege? (MultiRegion, United States of America)
Does the exclusionary rule of the Fourth Amendment apply to the Fifth Amendment? (MultiRegion, United States of America)
