Talk:Fifth Amendment to the United States Constitution
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The Eminent Domain Section
I know you don't have to incriminate yourself but how about if someone was there and possibly witnessed the activity? Does the witness have to talk if questioned? I know about the lawyer situation....Just wondering if the witness can choose not to speak at all. Please let me know at (email removed) Thanks for your help. 10/10/2006
The Fifth Amendment protects only from self incrimination, if you aren't being asked to incriminate yourself, then it offers no protection. It has been ruled that it does not allow "taking the fifth" to protect another. A person who is known to have witnessed may be compelled to testify and arrested for obstruction of justice if they do not. The reality is that a person can simply claim to have forgotten and its almost impossible to prove a person is deliberately withholding testimony
Could that be revised slightly to have not just an NPOV but a realistic one too? A lot of it basically slants to the Kelo side of the recent decision. Unless there is actual proof that there's a plan to take all the church land. --RobbieFal 07:06 1 July 2005 (UTC) it is double jeopardy
It's a Fifth Amendment privilege against compelled self-incrimination
I've notice that a couple of new users have been changing the text to read Fifth Amendment "right" rather than Fifth Amendment "privilege" -- possibly under a mistaken perception about how the term "privilege" is being used here in a technical legal sense. The word "privilege" is used here in the sense of an evidentiary privilege -- not in the sense in which people normally use the term.
When we were kids, we may have heard a parent or teacher say something like: "Driving is a privilege, not a right. Your privilege can be taken away from you if you don't do your homework" or whatever. I think that may be the source of the confusion. When Mom used the term "privilege" that way, she was using it to mean something quite different.
This section references 3 court cases but offers only 2 quotes. It is unclear which quotations belong to which cases.
It looks reasonable that the first quotation belongs to the first case mentioned, but then it's followed by a court case reference. I do not have the legal research abilities to confirm which decisions contained which quotes before editing for clarity.
In United States v. 50 Acres of Land (1984), the Supreme Court wrote that "The Court has repeatedly held that just compensation normally is to be measured by "the market value of the property at the time of the taking contemporaneously paid in money." Olson v. United States, 292 U.S. 246 (1934) ... Deviation from this measure of just compensation has been required only "when market value has been too difficult to find, or when its application would result in manifest injustice to owner or public." United States v. Commodities Trading Corp., 339 U.S. 121, 123 (1950).
Due Process, anyone?
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