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Prawo jest sztuką tego, co dobre i słuszne.


Friday, 2 September 2016

legal word of the day:TAKE THE FIFTH, PLEAD THE FIFTH

legal word of the day: TAKE THE FIFTH, PLEAD THE FIFTH

ENG: to rely on the Fifth Amendment (Amendment V) to the United States Constitution that protects the person from having to be a witness against himself in a criminal case

POL: powoływać się na piątą poprawkę, która zapewnia Amerykanom prawo do odmowy zeznań w sprawie karnej na swoją niekorzyść

No person … shall be compelled in any criminal case to be a witness against himself

(1) The New York Times reported that Judge Ito ruled the jury could not be told that Fuhrman had plead the fifth because jurors often incorrectly assume that it equals an admission of guilt. Instead, he gave the jury the following instructions: "Detective Mark Fuhrman is not available for further testimony as a witness in this case. His unavailability for further testimony on cross-examination is a factor which you may consider in evaluating his credibility as a witness."

an ADMISSION OF GUILT – przyznanie się do winy (saying that you are guilty)
TESTIMONY – zeznania (oral evidence offered by a competent witness under oath, which is used to establish some fact or set of facts)
CROSS-EXAMINATION –  przesłuchanie świadka strony przeciwnej (asking question of a witness called to the stand by the opposing party)
CREDIBILITY – wiarygodność (how convincing and believable someone is)

(2) Now, the question for a lawyer is, when an opposing party asserts their right against self-incrimination, what do you do? You can move on to another subject, but that’s not the right way to do it. When a party asserts the Fifth, you make them dig as deep and as wide a hole as you can, asking as many specific questions as possible to prompt the assertion of the privilege. The more “I plead the Fifth” answers you get, the better.

to ASSERT THE RIGHT/ ASSERT THE PRIVILEGE – skorzystać z prawa/ przywileju (to use one’s right/ privilege)
SELF-INCRIMINATION – składanie zeznań obciążających samego siebie (testyfiying against oneself)

(3) MARK: Can I just take the Fifth Amendment?
REGGIE: No, it won’t work, Mark. (…) The questions will not be asked to incriminate you. They will be asked for the purpose of gathering information you may have. (…) Your answers cannot incriminate you. So, you cannot hide under the protection of the Fifth Amendment.

MARK: Can I take the Fifth Amendment?
MARK: Why not? It applies to kids, doesn’t it?
JUDGE: Yes, but not in this situation. (…) You’re not implicated in any crime.
MARK: Then why did you put me in jail?
JUDGE: I’m going to send you back there if you don’t answer my questions.
JUDGE: Did Mr. Clifford say anything about the present location of the body of Boyd Boyette?
MARK: Take the Fifth.
JUDGE: You can’t take the Fifth, Mark.
MARK: I just did.

to INCRIMINATE – obciążać, oskarżać (make (someone) appear guilty of a crime or wrongdoing)

IMPLICATED IN – zamieszany w (involved in)

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