‘Pleading the Fifth’ invokes a constitutional amendment that has a long history in US society
Summary
The Fifth Amendment in the U.S. Constitution protects people from being forced to testify against themselves in criminal cases. This right, part of the Bill of Rights, means a person can refuse to answer questions that might incriminate them without jurors assuming they are guilty.Key Facts
- The Fifth Amendment is part of the Bill of Rights and protects against self-incrimination in criminal cases.
- This amendment also guarantees due process and prevents double jeopardy, meaning a person cannot be tried twice for the same crime.
- The idea of not having to testify against oneself dates back to English law from the 1600s.
- "Pleading the Fifth" is a common phrase used in everyday language to avoid answering tricky questions.
- The protection applies in both federal and state courts, and in civil cases the rules about refusing to testify can be different.
- Jurors in criminal cases must be told they cannot assume guilt if someone refuses to testify, but they might still form their own opinions.
- Witnesses can choose to plead the Fifth on some questions but still answer others, while defendants either testify fully or not at all.
- The amendment is sometimes used in Congressional hearings when witnesses want to avoid self-incrimination during testimony under oath.
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