08-16-2022, 05:09 PM
samintx wrote:
I heard the. Fifth was Rudy’s way out for a while. I think I’m right there is a diff in civil and criminal case taking the 5th..
In a criminal case if someone pleads the fifth the judge and/or jury are not supposed to consider the fact of pleading the fifth as evidence of guilt. In a civil case if someone pleads the fifth in a civilian case the judge/jury can use that to draw what is called an adverse inference - in this case if Rudy pleads the fifth in the civil case the judge/jury are allowed to consider his lack of response as evidence that he actually did the thing he is refusing to answer the question about.