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Re: Downunder post# 43307

Saturday, 06/04/2005 2:15:35 AM

Saturday, June 04, 2005 2:15:35 AM

Post# of 45645
here's proof, for the umpteenth time. read this. It CLEARLY states that in a civil case one can only plead the 5th if there is serious reason to believe that criminal charges would ensue if UC talked.
Is it really that hard for you to understand.

This privilege attaches to a witness not only in a criminal proceeding
wherein the witness is the defendant, but also to any witness in any
judicial proceeding, either civil or criminal. Lefkowitz v. Cunningham, 431
U.S. 810 (1977). In a civil action, in order to invoke the privilege against
self incrimination, the witness must be faced with a risk of incarceration
that is substantial and real, and not merely trifling or imaginary.
Hoffman
v. United States, 341 U.S. 479 (1951) Zicarelli v. Investigation
Commission, 406 U.S. 472 (1972) United States v. Whittington, 786 F.2d 644
(5th Cir.), cert. denied, 479 U.S. 882 (1986) see Note, Use of the
Privilege Against Self Incrimination in Civil Litigation, 52 Va. L. Rev. 322
(1966). "




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