SELF INCRIMINATION IN CIVIL CASES?

11/21/2009

CHICAGO-(AEAE) THE ISSUE TODAY IS WHETHER A PERSON WHO TAKES THE FIFTH AMENDMENT IN A ALLEGED CIVIL CASE CAN HAVE THE JUDGE HOLD LAWFULLY HOLD IT AGAINST THE PERSON IN A RULING? We know the states my no constitutionaly compel an individual to testify himself Twining v. New Jersey 1908. In Ullman v United States (1956) The High Court stated protection against compulsory self incrimination applies only to prosecution for crimes. But in a civil case where the Court warns an individual that case has "criminal" consequences can that individual take the 5th when there is a related grand jury invistigation proceeding against the same individual and not have the parties position become prejudiced by exercising a persons first amendment rights of self incrimination. It is the position of AEAE that it is fundamentally unfair to allow a defendant's silence be used against him in a civil case when that defendant is facing a criminal grand jury investigation in which he is the target. What is your opinion? Please comment. Stoller can always be reached at [email protected] Stoller is a constitutional scholar, appellate and trademark expert. Stoller has a new book out called Juice for Peanuts a true story of a false arrest and false imprisionment in which a party can learn to turn a "no win" situation in your favor.

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Luke

11/20/2009 11:04:49 am

He is working full bore to put you in jail...where you will be able to take the fifth when they come to arrest you or you can self incriminate yourself and go straight to jail...

Helper

11/20/2009 01:45:13 pm

When the come to arrest remember to not make any statements. Tell them you want your attorney present, and take...The real "crime" here is that you will have brought this all on yourself....Someday you will look back at the previous times when you had it made...when everyone was still alive...but you were never around then...now that everyone is gone, you choose to through away what was left of your future...that's the ture tradgedy here...

Phil DeGardinia

11/20/2009 07:34:52 pm

So what happened Leo? Is a grand jury investigating you? Stop beating around the bush and tell us. We can't stand the suspense.

Bozo

11/21/2009 03:54:07 am

I guess we will just happen to wait and see...

fed watcher

11/21/2009 10:32:19 am

Do you feel the noose you sawed off little cock sucker? your idiot brother is in jail for years getting butt fucked nightly. Your next little man, The tyronnes are going to be using you till you squeal

Anon

11/21/2009 10:37:55 am

Constitutional scholar? Expert? That is beyond hilarious. Why don't you proclaim yourself a dolphin trainer while you're at it? Or may be an astronaut.

Perry Mason

11/22/2009 01:19:14 am

When Stroller says he has "appeared" on fox news, CBS etc talk shows, the reality is he simply phoned the shows to express an opinion. It was not like he was an actual featured guest. When he says he has "appeared in numerous national publications, it means he wrote a letter that was published. he was not a featured guest columnist as he implies. Stroller plays it fast and loose with the truth. Some time ago he was asked to list some cases where he was hired as an expert witness. We are still awaiting his response.

11/22/2009 01:24:32 pm

In actuality Stoller is mentally ill. He provides sport for those of us who have earned the right to engage in the practice of law. He couldn't make the grade and it has been more then he could ever stand

Kyra

11/25/2009 05:43:42 am

I am a journalists that has been following Stoller's career for the last 20 years, I have a copy of the FOX new show that Stoller appeared on, I think I will post it on youtube....I have also a tape of Stoller's CBS appearence....I am waiting for Stoller to slip up..he does walk close to the edge but so far he has not fallen over the side...I hope to be there when he does...

Nona-Grandma in Italian

11/25/2009 12:01:27 pm

I stumble onto this and find those posting here to be quite the Mansonistas, or more like the Chicago copsters that beat up on the bartender. Sure everyone has his/her day in court or hell. Take your pick...Wish you much enjoyment when you're there.

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