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Evaluate Lay's Fifth Amendment rights to silence

February 12, 2002
Web posted at: 5:29 PM EST (2229 GMT)

Overview: Former Enron CEO Kenneth Lay refused to testify before the Senate Commerce Committee investigating the collapse of Enron. How have Republicans and Democrats on the Senate panel responded to Lay invoking his Fifth Amendment right against self-incrimination under the U.S. Constitution? Have students determine whether an individuals rights supersede the publics right to know in cases such as Enron.

Curriculum Connections: Current Events, Law, U.S. Government

Have students read the story, Lay invokes Fifth, and answer the following:

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1. Who is Kenneth Lay? Why are Enrons executives being called to testify before the Senate Commerce Committee? At what point in the Senate Commerce Committees investigation did Lay invoke his Fifth Amendment rights? How will Lay respond to questions from any other congressional committees? Which other Enron executives have been called upon to testify before the Senate panel? How did these executives respond to the panels questions?

2. Why do you think that blistering attacks against Lay came from both Republicans and Democrats on the Senate panel? Who is John McCain? According to the story, why was McCain particularly distressed about Lays refusal to testify? Do you agree or disagree with McCains reason for being disappointed with Lays pleading of the Fifth Amendment? Explain.

3. Review with students their knowledge of a citizen's rights as guaranteed by the Fifth Amendment to the U.S. Constitution, and the particulars of its application to a citizen's testimony. Refer students to the Web sites below and other resources to determine how the Fifth Amendment is applied. Discuss how a citizen can refuse to testify when compelled by the Justice Department to appear in a case under investigation. For an in-depth exploration of the implications of a citizens right to plead the Fifth Amendment, see "Analyze Enron officials' Fifth Amendment rights."

4. Point out to students that the Fifth Amendment right against self-incrimination is guaranteed under the U.S. Constitution. Lead a class discussion in response to the following question: Do you think the public's right to know should supersede an individual's right to refuse to testify on the grounds of self-incrimination? Why or why not?

Materials on this site are reproducible for classroom use.



RELATED STORIES:
RELATED SITES:
• Historical Documents:THE BILL OF RIGHTS
• FindLaw: U.S. Constitution: Fifth Amendment
• USA:(4) The Formation of a National Government - 6

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