Category Archives: Fifth Amendment

INFORMUCATE: THE FIFTH AMENDMENT
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INFORMUCATE: THE FIFTH AMENDMENT - Video

BATAVIA With no public comment, Batavia School Board members on Monday unanimously approved the retirement of Batavia High School social studies teacher John Dryden, who made local and national headlines last year when he instructed his students that they had the Fifth Amendment right not to incriminate themselves before answering an in-class survey about emotional and at-risk behavior.

We thank him for his 22 years of service, said Steve Pearce, assistant superintendent of human resources for Batavia School District 101, during the meeting.

Dryden contacted District 101 officials Wednesday about wanting to retire. Wednesday was his last day with the district.

On Friday, he formally submitted his retirement letter, Pearce said.

The District 101 board voted in May 2013 to issue a written warning of improper conduct to Dryden for his actions.

Before the board issued the notice, then-Batavia School Superintendent Jack Barshinger docked Dryden a days pay.

Jon Gaspar was the sole board member to vote no. The notice warned Dryden not to provide legal advice to students, among other things.

On Monday, Pearce said he could not discuss whether Dryden had broken any conditions of the warning.

Dryden was not at Mondays meeting, and efforts to reach him have not been successful.

Batavia School Board President Cathy Dremel said she was surprised by Dryden choosing to retire.

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Batavia teacher previously involved in Fifth Amendment dispute retires

A man in Broward County, Florida, decided to wear a "F**k the police" shirt to his court hearing. Amazingly, he reportedly managed to win his case despite that fashion choice.

Michael Burns says in his video description on LiveLeak that he witnessed around 10 people being kicked off of public property around 1:30 a.m. last week and decided to break out his camera to record it. An officer told Burns to stop filming and leave, and he refused. Eventually, when the situation seemed to die down, he decided to leave on his own. As he was pulling away from the area, one of the cops got in his vehicle and started to follow him. Right as he was turning around to go home, the cop put his lights on, and to Burns surprise, it was the same officer who had asked him to leave earlier.

A short time later, six more police cars showed up as Burns was informed that he was being pulled over because his license plate was partially obstructed. Burns believes, however, that he was pulled over because the officer was angry that he refused to stop filming the earlier incident. Burns says he refused to answer any of the officers questions and told him that he would see him in court.

On court day, Burns decided to wear his F**k the Police shirt, and when he told the judge that he wished to invoke his Fifth Amendment right to remain silent, the judge denied his request. Still, as Burns notes, he won the case against the multiple officers in the room.

Take a look at the courtroom video below.

Sources: The Free Thought Project, Live Leak

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Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video)

The Fifth Amendment Please Don #39;t Leave Me Now
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By: Soulhawk

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The Fifth Amendment Please Don't Leave Me Now - Video

BATAVIA Batavia High School social studies teacher John Dryden, who made local and national headlines last year when he instructed his students that they had the Fifth Amendment right not to incriminate themselves before answering an in-class survey about emotional and at-risk behavior, has retired from the district.

Dryden contacted Batavia School District 101 officials on Wednesday about wanting to retire. Wednesday was his last day with the district.

On Friday, he formally submitted his retirement letter, said Steve Pearce, the district's assistant superintendent of human resources. Dryden was in his 21st year of service for the school district, Pearce said. The Batavia School Board is set to vote on his retirement agreement during a special meeting Monday.

"We wish Mr. Dryden well in the next phase of his life," Pearce said. "He is closing the chapter on this part of his career."

The Batavia School District 101 board in May 2013 voted to issue a written warning of improper conduct to Dryden for his actions.

Board member Jon Gaspar was the sole board member to vote no.

The notice warned Dryden not to provide legal advice to students, among other things.

Before the board issued the notice, then-Batavia School Superintendent Jack Barshinger docked Dryden a days pay.

Dryden said his actions represented a teachable moment.

Reminding my students they had a Fifth Amendment right not to incriminate themselves and asking them to think hard about how they answered questions on a survey on which they were identified and required to answer questions about whether they participated in criminal activity was neither inappropriate nor unprofessional, Dryden stated in his reply to the school district.

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Batavia High School teacher John Dryden retires from school district

BATAVIA Batavia High School social studies teacher John Dryden has retired from the district. Dryden made local and national headlines last year, when he instructed his students that they had the Fifth Amendment right not to incriminate themselves before answering an in-class survey about emotional and at-risk behavior.

Dryden contacted Batavia School District 101 officials Wednesday about wanting to retire. Wednesday was his last day with the district.

On Friday, he formally submitted his retirement letter, said Steve Pearce, the districts assistant superintendent of human resources. Dryden was in his 21st year of service for the school district, Pearce said. The school board is set to vote on his retirement agreement during a special meeting Monday.

We wish Mr. Dryden well in the next phase of his life, Pearce said. He is closing the chapter on this part of his career.

The Batavia School District 101 board in May 2013 voted to issue a written warning of improper conduct to Dryden for his actions. Board member Jon Gaspar was the sole board member to vote no.

The notice warned Dryden not to provide legal advice to students, among other things.

Before the board issued the notice, then-Batavia School Superintendent Jack Barshinger docked Dryden a days pay.

At the time, Dryden said his actions represented a teachable moment.

Reminding my students they had a Fifth Amendment right not to incriminate themselves and asking them to think hard about how they answered questions on a survey on which they were identified and required to answer questions about whether they participated in criminal activity was neither inappropriate nor unprofessional, Dryden stated in his reply to the school district.

At the time, Barshinger said that students could not incriminate themselves.

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Batavia High School teacher John Dryden retires

Joey Gallo Takes The Fifth Amendment
Crazy Joe Gallo comes right from central casting here, as your stereotypical mobster. Taking the Fifth Amendment.

By: The National Crime Syndicate

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Joey Gallo Takes The Fifth Amendment - Video

The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official)
The Commander Cody Band - Take The Fifth Amendment Recorded Live: 8/5/1977 - Convention Hall - Asbury Park, NJ More The Commander Cody Band at Music Vault: h...

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The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official) - Video

Fifth Amendment Projectb

By: Bailey dotto

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Fifth Amendment Projectb - Video

In any court proceeding, witness testimony can be an important source of evidence.

It follows, then, that courts take calling witnesses pretty seriously. How seriously? Seriously enough that those who refuse to testify can, in some situations, be held in contempt of court, which may result in penalties including fines and even jail time.

What are the rules for testifying in court and how can you keep yourself from running afoul of them?

Fifth Amendment Right against Self-Incrimination

One person who can generally never be forced to testify in court is a criminal defendant. Under the Fifth Amendment of the U.S. Constitution, no person "shall be compelled in any criminal case to be a witness against himself." This means that a defendant that is charged with a crime can choose whether or not to testify in court. However, if the defendant does choose to testify, he generally cannot choose which questions to answer.

The Fifth Amendment also extends to other witnesses in criminal and civil proceedings; any time a witness' testimony might incriminate him or her in a crime, the witness can choose not to testify by invoking their Fifth Amendment rights. Unlike a criminal defendant, however, these witnesses can generally invoke their Fifth Amendment rights selectively during their testimony.

Being Subpoenaed to Testify

However, witnesses other than criminal defendants may also be compelled to testify in the form of a subpoena issued by a court. A subpoena may request a person to testify, provide documents, or bring other evidence to a court. If a person fails to obey the subpoena, they can be held in contempt and subject to fines, jail, or both.

There are several other types of witness who may be excused from testifying, even if they are subpoenaed:

Learn more about what happens in the courtroom and get some general tips for navigating a court proceeding at FindLaw's Learn About the Law section on Going to Court.

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Can You Go to Jail for Refusing to Testify?