Does Pleading the Fifth Mean You Are Guilty?
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- čas přidán 23. 07. 2024
- In this episode of Bloomberg Opinion's "The Method," Noah Feldman considers whether pleading the Fifth in a trial is an implication of guilt.
What do you think? Let us know in the comments!
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I would comment but on the advice of my lawyer I respectfully invoke my rights under the Fifth Amendment not to incriminate myself.
It means you can't criminally condemn yourself. It's a legal right
Judge:how old are you?
Me:I plead the fifth
I detective tricked me by asking if I was pleading the fifth. I mean, I couldn't speak on account of something I know nothing about. Now the state of Alabama is trying to give me 7 years in prison for a crime that was committed in a city I have never been to. So, constitutional rights can be used to get you into trial. I wouldn't recommend pleading the fifth in the courtroom, to a jury, but at the same time, Law enforcement can get a Grand Jury indictment on you for it.
Any time you are being questioned by a cop and there's any chance you're a suspect, you *must* exercise your Fifth Amendment right not to answer any questions. There is no way to predict how the police will use your words against you. You can't talk your way out of being arrested. If the cops want to arrest you, they will -- whether or not you assert your constitutional rights against self-incrimination. If you talk to them, you're only giving them more rope to hang you with later. Remember: the goal is not to avoid getting arrested -- the goal is to avoid getting _convicted._
It's very important to *know your rights.* You can't effectively assert your rights if you don't know what they are or how to assert them. And although it's true that in general you must speak up and verbally invoke your right against self-incrimination in order to get the benefit of it, you cannot be called as a witness by the prosecution at trial, so you never have to invoke your 5th Amendment rights in front of a jury.
Here's an excellent lecture by law professor James Duane on the topic: czcams.com/video/d-7o9xYp7eE/video.html
You should have NEVER EVER spoke to the police period, NOTHING good can ever come from talking to cops. If they ask to talk to you, simply say I'll speak with you only with my lawyer present. And either hang up the phone or close the door.
Too late his imprisoned
At the advice of counsel, I respectfully decline to answer , and invoke my fifth amendment privilege
Rights are rights, they are not privileges... they cannot be taken away and cannot be speculated against.
Tell that to Flynn.
No. Taking the Fifth is not tantamount to a confession:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; *nor shall be compelled in any criminal case to be a witness against himself,* nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
That would be interesting to state I plead the fifth and protect my innocence .as the constitution allows me .
Hmm
No, it does not mean your guilty... But nice try!
You're too smart for us a meaningful response.
A smart person recognizes that almost any sane response has some measure of meaning.
As far as I know nobody actually has the legal right to make you come right out and admit something that you might have done which happens to be a crime and the minute that someone in a court ask you a question about whether or not you stole something whether you murdered someone or whether or not you molested or raped someone you have no legal obligation to have to admit those things and the minute that somebody in court does demands you to admit those type of things they have legally overstepped your legal rights and pleading the fifth simply put emphasize on that fact.
I don't buy it. If the facts make you look guilty, you are almost certainly guilty. Why should someone be presumed innocent when they are actively hiding information about the case? This feels like a mockery of the oath, key term: "THE WHOLE TRUTH".
Some laws feel like they exist only to ensure that a rich asshole can get away with committing any crime they like, and the 5th Amendment is one of them.
Fif
Presumption of Innocence applies to a trial. Nowhere in the Constitution is that presumption protected as a universal right; ie, outside of a court setting, the presumption of guilt does not violate any of your Constitutional Rights.
IMO people have gotten away with a lot by pleading the fifth
No, Just Means Your Hiding, Lying or Dont Want to Tell The Truth.