Why does plead the fifth mean

In recent years, many have used the phrase plead the fifth metaphorically thank God! Coworker : Did you take my lunch from the fridge? You : Uh… err… I plead the fifth! Mom : At what time did you come home last night? Wasn't it way past your curfew? Teenager : I'd have to plead the fifth on that one, mom. While the fifth amendment includes several different clauses, the one we mostly refer to is your right to remain silent and avoid self-incrimination. Now that you know what it means, try using it as a line of defense in sticky situations.

You might get a stink eye in return, but at least you're in the clear. For now. Passionate about Jeopardy , The Kardashians , and bizarre true crime documentaries. The Fifth Amendment gives a criminal defendant the right not to testify, and a witness at a criminal trial can plead the fifth while testifying in response to questions they fear might implicate them in illegal activity. Pleading the fifth is sometimes regarded as proof of guilt, and therefore as an incriminating step. Use of plead the fifth often refers to its legal sense, but in regular conversation, it can be a metaphor, often lighthearted, for a refusal to answer, commit to, or take action on something, as doing so might reveal guilt or be harmful to your self-interest.

While the Fifth Amendment was ratified in , the phrase plead the fifth , shortened from plead the fifth amendment , took off in American English the s. Plead the fifth can sometimes be formulated as take the fifth. This is not meant to be a formal definition of plead the fifth like most terms we define on Dictionary. Feedback Tired of Typos?

Ultimately, you should discuss your case with a knowledgeable attorney before pleading the fifth. The U. Constitution outlines many rights you have during a criminal trial and investigation, including the right to counsel, which is just as invaluable as pleading the fifth. If you or a loved one were arrested in Campbell County, contact a Gillette criminal defense attorney immediately. Call us at to learn what options are available to you in a criminal trial in the state of Wyoming.

Posted in: Criminal Defense. Legal Blog. Often, only two groups can plead the fifth: A defendant who is being charged with a crime and is refusing to testify in their own trial A witness who is subpoenaed to provide a testimony in a criminal trial and is refusing to answer specific questions if their answers could be self-incriminating Pleading the fifth may also apply to personal injury claims where a defendant is refusing to testify in a civil court, however this can be seen as an admission of guilt to a jury.

Pros and Cons to Pleading the Fifth The founding fathers designed the fifth amendment as a legal protection against self-incrimination for defendants and witnesses. Need Representation After an Arrest? Give Us a Call Ultimately, you should discuss your case with a knowledgeable attorney before pleading the fifth.