CNN Today

Ask CNN: What Are the Reasons for Which a Person Can Plead the Fifth Amendment?

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

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JOIE CHEN, CNN ANCHOR: A viewer asks CNN: "What are the reasons for which a person can plead the Fifth Amendment? I seem to recall there's something more than just self-incrimination."

ROGER COSSACK, CNN LEGAL ANALYST: Well, the question is: When can a person invoke the Fifth Amendment? And the Fifth Amendment says no person shall be compelled to be a witness against himself in a criminal case. Now what that means is testimonial. That means that no one can be called in a criminal case to take the witness stand and have to be a witness at all.

BETH DOZORETZ, FORMER DNC FUND-RAISER: Upon the advice of my counsel, I respectfully decline to answer that question, based on the protection afforded me under the United States Constitution.

COSSACK: However, that doesn't mean that the prosecution in a criminal case can't get handwriting examples or can't get hair samples or can't even ask for the fingerprints of the defendant. Those do not fall under the Fifth Amendment, the courts say. It's only the testimonial privilege where someone cannot be called to be a witness against themself.

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