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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Halls of Shrewd'm / US Policy
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Author: albaby1 SILVER
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Number: of 84346 
Subject: Re: Five years for wiping your own phone
Date: 08/04/26 10:52 AM
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So being a "witness" is restricted solely to your in-person verbal testimony? If so, that seems unreasonable.

Nope. They can't make you write out a confession. They can't make you record a confession. They can't compel you to become a witness against yourself.

If you've already made documents that incriminate you, though, without being forced to by the government....well, all that is fair game. Absent some other protection or evidentiary shield, of course. If they find your diary or get a wiretap and record you confessing to your crimes to someone, they're allowed to use that stuff - even though it is your words they're using. And of course, if you choose to tell the government information, then that is also fully admissible.

The protection under the Fifth Amendment is against being compelled to testify against yourself, not against using stuff you voluntarily and willingly created or said in a criminal case.
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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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