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Comment by kolodny | Hacker News Reader

I think this video explains the how and why of the fifth amendment (it's also something every American should watch): http://www.youtube.com/watch?v=6wXkI4t7nuc Video description: [A] law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the police.

Although lawers mid-trial taking the fifth may be different.

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That's a little different. The message of that video: never talk to the police. The two cases being, 1. you are not under arrest, or 2. you are under arrest. If you are not under arrest you should just walk away or refuse any kind of engagement (except in a traffic stop which is a special case), and if you are under arrest then you have two explicit rights which you should always use - refuse to talk, and demand a lawyer be present.

The situation is quite different in a trial. If you are summoned to appear in court, you must appear. If you are asked any questions, you must answer them (or assert fifth amendment rights explicitly in a refusal to answer, like the Prenda clowns did).

Part of that video stressed the point that the fifth amendment's purpose is to protect the individual. Going "after" someone because they invoked that right is equivalent to opening an investigation because someone said something unpopular or controversial (first amendment). While by itself the fifth is a right of a person, taken into account the other legal maneuvers and stonewalling which the Prenda did, does imply foul play (putting it mildly).

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