If speaking and not speaking can both result in incriminating yourself, then would this mean that the only way to use your 5th amendment right of not incriminating yourself, be to lie to the police & court?
That would make things insane, 'cause if you get busted for perjury, you can claim innocence 'cause you did it under your 5th amendment right since it's the only way to avoid incriminating yourself. Then they legally can't prosecute you for it without going against the constitution. I'm sure they'll probably still try to prosecute you.
If you have a decent enough lawyer to get you off, then could it mean a mistrial in the original court case where you perjured, since none of the testimony from you (or anyone else) could be considered legitimate? After all, the people testifying against you could also be lying in order to avoid incriminating themselves.
This could get really sticky really fast.
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