Everything about Pleading The Fifth totally explained
In
American criminal law, "
taking the Fifth", also known as "
pleading the Fifth" or "
commanding the fifth", is the act of refusing to
testify under
oath in a
court of law or any other tribunal (such as a
Congressional committee) on the ground that the answers that would be given could be used as evidence against the
witness to
convict him or her of a
criminal offense. Although similar to the
right to remain silent when being questioned by law enforcement officers, and coming from the same source, namely the
Fifth Amendment in the
Bill of Rights, the right to refuse to answer when under oath has a longer history than
Miranda rights.
In many jurisdictions other than the United States, witnesses may be compelled under threat of
contempt to answer questions even when the answers would incriminate the witness in a criminal offense. (However, in
Canada for example,
Charter §13 provides automatic
use immunity.) In such jurisdictions, such statements given under compulsion of
subpoena can't be used as evidence against that person (which isn't the case in the United States). The American system has the benefit of not exposing the witness to the risk that law enforcement will be able to obtain collateral evidence based on the witness's testimony that law enforcement couldn't possibly have learned had the witness been allowed to remain silent.
A witness may not refuse to answer questions on the ground that the answers may reveal matters that may incriminate other persons. Generally, a witness may not refuse to answer any relevant question put to him or her unless the answer would incriminate that witness. One common application of this rule is the practice of providing limited transactional
immunity to a defendant as to specific crimes, thus narrowing the protection against self-incrimination, and permitting a court to compel answers about those crimes. The victim of a crime may be detained and compelled to answer questions, as a material witness, even if the victim doesn't want to "press charges," on the theory that the crime is of public concern, and the right doesn't extend to other parties.
As federal
grand juries have the power to subpoena individuals and force them to take the witness stand, defendants in such proceedings invariably refuse to answer any questions put to them, citing their Fifth Amendment rights. If the defendant does answer any question put by the prosecutor during the proceeding, the protection of the Fifth Amendment is lost.
One famous example of "taking the fifth" in recent history was when Colonel
Oliver North was asked to testify before Congress regarding his role in destroying documents during the
Iran-Contra Affair. North refused to answer on the grounds that his answers would incriminate him for
obstruction of justice.
The phrase "I take [orplead] the Fifth" is often used in non-legal contexts to convey a reluctance to answer a potentially embarrassing question.
Relient K has a song mimicking the assassination of
Abraham Lincoln in the song "Plead the Fifth" from their album "
Five Score and Seven Years Ago"
Further Information
Get more info on 'Pleading The Fifth'.
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