• dangblingus@lemmy.dbzer0.com
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    11 months ago

    “I don’t recall”

    aka

    “I definitely recall but this canned phrase is basically a get out of jail free card in America”

    • Madison420@lemmy.world
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      11 months ago

      In civil trials out didn’t work like that. If they can at all prove you knew or should have known the answer you can catch contempt.

      • AstridWipenaugh@lemmy.world
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        11 months ago

        In criminal cases, the charges must be proven true beyond any reasonable doubt; probably == innocent. In civil cases, the bar is only more likely than not; probably == guilty.

        • Madison420@lemmy.world
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          11 months ago

          Yes, that doesn’t at all change what I’ve said.

          In civil cases, “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” (Baxter v. Palmigiano (1976) 425 U.S. 308, 318.)