Saturday, November 19, 2011
Fifth Amendment and right to silence. ?
The Supreme Court has ruled that the government cannot punish a defendant for exercising his "right to silence" by allowing the prosecutor to ask the jury to draw an inference of guilt from the defendant's refusal to testify in his own defense. Griffin v. California, 380 U.S. 609 (1965). Is there a similar ruling in civil courts? Can a defendant be held liable?|||Actually, no, there is not a similar ruling in civil courts. The reason is that the defendant does not have the right to remain silent in civil courts. That right only exists with criminal courts. A defendant can be called to the stands, whether or not he wants to. If he doesn't answer, the judge can hold him in contempt. If he asserts a privilege, however, the judge is permitted to allow the court to draw an inference from that.
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