My layman’s understanding is that if you say you committed murder 20 years ago, but your therapist doesn’t believe you are actually a clear, present, and immediate danger to yourself or others, they don’t actually have to report it. I find it hard to believe that there would be a situation where someone could admit to something like that and the therapist doesn’t think they are at a reasonable likelihood to reoffend, but I guess the potential for the situation exists.
The link above is specific to Florida, but I’m sure that there are differences in law in different jurisdictions and probably even specifics at the federal level.
I am neither a lawyer nor a therapist, just a shitposter, so take all of this with a grain of salt.
You still can’t use the 5th to infer anything about the defendant in a criminal case. In a civil case, the court can take a person’s refusal to answer into account.
Some rulings that pleading the 5th can be considered cause for a warrant if not directly an admission of guilt.
The past decade or so has also weakened rights in regards to you having to plead the 5th directly, and of course the “War on Terror” led to the Supreme Court more or less saying “No, actually, torture doesn’t count, plus we’re going to ignore that it’s been the official position of America for centuries that Constitutional rights are human rights (for a changing definition of human).”
Taken as a whole the past couple decades have severely reduced the protections the government wants to admit the 5th offers.
You mean by a court subpoena? If so then you testify or get found in contempt of court.
Or do you mean what if someone is threatened/blackmailed into giving false testimony? If that’s the case then you should probably go to the police. If it’s law enforcement who are coercing you then I suppose you could try to include that fact in the testimony, but there may not be much difference in that and refusing to comply with the blackmailer in the first place, in terms of your safety.
If you’re coerced to lie under oath then I’d guess that still counts as perjury, but I doubt most judges would be mad at you for it; they’d shit fury all over whoever was coercing you.
What if you were coerced into testifying?
Then you plead the 5th. Pretty sure that’s exactly what it’s intended for.
That only applies when testifying on your own behalf.
That’s absolutely not true, you can plead the fifth when testifying as a witness.
In a 2001 Supreme Court case, the justices noted that the right against self-incrimination provided by the Fifth Amendment “protects the innocent as well as the guilty.” The court added that “a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing.” The ruling noted that innocent people “might be ensnared by ambiguous circumstances.”
Sure but that only applies when you might self incriminate yourself
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“They can’t arrest a husband and wife for the same crime.”
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The person you’re replying to was quoting Arrested Development.
I was but I don’t mind learning a thing or two
“I have the worst fucking attorneys.”
And therapist/lawyers don’t have to testify right?
Unless they were legally obligated to report you. They can testify in regards to whatever specific topic lead to that.
i’d guess when the patient admits to have committed murder and then the therapist has to report it, right ?
https://joshuatreecounseling.us/2021/07/19/what-happens-if-i-tell-my-therapist-i-did-something-illegal/#:~:text=In Florida%2C duty-to-,harm from a client%2Fpatient.
My layman’s understanding is that if you say you committed murder 20 years ago, but your therapist doesn’t believe you are actually a clear, present, and immediate danger to yourself or others, they don’t actually have to report it. I find it hard to believe that there would be a situation where someone could admit to something like that and the therapist doesn’t think they are at a reasonable likelihood to reoffend, but I guess the potential for the situation exists.
The link above is specific to Florida, but I’m sure that there are differences in law in different jurisdictions and probably even specifics at the federal level.
I am neither a lawyer nor a therapist, just a shitposter, so take all of this with a grain of salt.
Thanks, that’s a huge help
But until fairly recently you could plead the 5th and they couldn’t use it as proof of wrongdoing.
You still can’t use the 5th to infer anything about the defendant in a criminal case. In a civil case, the court can take a person’s refusal to answer into account.
What changed?
Some rulings that pleading the 5th can be considered cause for a warrant if not directly an admission of guilt.
The past decade or so has also weakened rights in regards to you having to plead the 5th directly, and of course the “War on Terror” led to the Supreme Court more or less saying “No, actually, torture doesn’t count, plus we’re going to ignore that it’s been the official position of America for centuries that Constitutional rights are human rights (for a changing definition of human).”
Taken as a whole the past couple decades have severely reduced the protections the government wants to admit the 5th offers.
You mean by a court subpoena? If so then you testify or get found in contempt of court.
Or do you mean what if someone is threatened/blackmailed into giving false testimony? If that’s the case then you should probably go to the police. If it’s law enforcement who are coercing you then I suppose you could try to include that fact in the testimony, but there may not be much difference in that and refusing to comply with the blackmailer in the first place, in terms of your safety.
If you’re coerced to lie under oath then I’d guess that still counts as perjury, but I doubt most judges would be mad at you for it; they’d shit fury all over whoever was coercing you.
You speak to your lawyer ahead of time and they discuss the issue with the judge.