Question
John is being sued in breach of contract related to a pyramid scheme he managed. If called to testify, his own testimony could be used against him, since his conduct was, at best, shady. He faces no criminal charges, but could lose all of his money in this lawsuit. He knows, however, that if he doesn’t testify, it will be difficult for the plaintiff to persuade the jury of his guilt. He, therefore, decides to claim his 5th Amendment privilege against self-incrimination. John may
A refuse to testify under the 4th Amendment’s prohibition against unreasonable seizures of personal property.
B be compelled to testify since John is guilty.
C be compelled to testify since this is a civil proceeding, and John faces no criminal charges.
D refuse to testify under the 5th Amendment’s protection against compelled self-incrimination.
This question is taken from PLGL 141 – Civil and Criminal Evidence » Fall 2023 » Quiz Chapter 12 Constitutional Constraints
