William F. JohnsonThe Fifth Amendment to the U.S. Constitution guarantees that no person “shall be compelled in any criminal case to be a witness against himself.” Courts have interpreted that protection to include a prohibition on drawing any adverse inference against a person who refuses to testify in a criminal case based on Fifth Amendment rights. Civil proceedings, however, are a different story—an adverse inference is generally permissible against a civil defendant who invokes the privilege against self-incrimination. But neither counsel nor client has any control over whether another witness or co-defendant invokes the privilege against self-incrimination, and surprising results can occur when they do.
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November 05, 2020 at 12:45AM
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Fifth Amendment Danger in Civil Cases | New York Law Journal - Law.com
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