Appellate Practice Attorney serving New York, NY
Under the fifth amendment to the U.S. Constitution, a witness has the right not to incriminate themselves, and thus can't be forced to answer questions where the answer might tend to do so. However, in a civil case, a witness's refusal to answer on fifth amendment grounds can give rise to an inference that he answer would have been incriminating. For example, if you ask the other driver in a motor vehicle accident which is the subject of a civil suit "Isn't it true that the light was red on your side when you entered the intersection?", and he/she refuses to answer on 5th amendment grounds, the jury is permitted to conclude that the answer would have been yes.
Answered on Sep 24th, 2013 at 5:45 PM