“I Plead The Fifth”

Everyone has heard the phrase “I plead the fifth,” but what does it mean, exactly? The
fifth amendment in the United States constitution protects individuals from self-incrimination in a criminal case against the individual. This means that if a person is on trial for criminal charges, he cannot be forced by the court to answer any question that would tend to show he is guilty of the crime that was charged.  This does not mean that the prosecution is prohibited from asking the defendant such questions, and if a defendant voluntarily makes an incriminating admission, he cannot then subsequently invoke the fifth amendment privilege. 

An important aspect of fifth amendment protection is that the judge and jury are prohibited from making any adverse inference from the defendant’s assertion of his fifth amendment right. In other words, a judge or a jury cannot assume that because the defendant refuses to testify to something that his refusal means he is guilty. 

The landmark case, Miranda v. Arizona, extended the fifth amendment protection against self-incrimination beyond the courtroom to the moment of arrest. Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). A person’s Miranda rights require law enforcement to inform a person under arrest that the person has a right to remain silent and that anything he says can and will be used against him in court. As the court recognized, an important way to protect defendants from self-incrimination is to make sure they are informed at the moment of arrest that they have the right to refrain from answering questions that could be incriminating. 

The fifth amendment also guarantees protection to individuals from being prosecuted twice for the same crime, colloquially known as the “double jeopardy” rule. This protects individuals from having to defend themselves against the same charge multiple times and ensures that if a defendant is acquitted, then he cannot be later charged for the same crime. 

If you would like to discuss how the fifth amendment might impact your criminal case, please contact McNeelyLaw LLP by calling (317)825-5110. 

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.