Most people have heard of taking the Fifth, but many may not understand what it means or what its importance is within the U.S. legal system. Taking the Fifth, or the Fifth Amendment, is part of the U.S. Constitution. In legal terms, this Amendment grants the right against compelled self-incrimination in a criminal trial, or the right to remain silent. In other words, you cannot be forced to answer questions in a criminal trial that may incriminate yourself.
How Taking the Fifth Works in Practice
In most criminal cases, the prosecutor will bring up witnesses, such as the defendant, to testify. The defendant can either choose to answer the questions asked or to take the Fifth. When taking the Fifth, the defendant has the right not to answer the question on the grounds that it may incriminate himself or herself. However, in recent years, courts have used a variety of methods to compel testimony even after the defendant has invoked the Fifth Amendment.
A high-profile example of taking the Fifth was seen in the 2018 criminal trial of former Trump campaign manager Paul Manafort. When confronted with questions about Russian meddling in the 2016 presidential election, Manafort refused to answer the questions and instead cited his Fifth Amendment rights.
Final Thoughts on Taking the Fifth
For centuries, the right to remain silent in a criminal trial has been recognized as a fundamental right. The Fifth Amendment plays a critical role in modern U.S. criminal proceedings, and individuals accused of criminal activity should take advantage of their right to remain silent and protect themselves from potential self-incrimination.