When an individual takes the Fifth, her silence or refusal to answer questions cannot be used against her in a criminal case. And prosecutors typically cannot even call a witness before the grand jury if the prosecutor knows the witness will invoke the Fifth Amendment. But taking the Fifth can have severe consequences nonetheless.
In a civil case or a civil enforcement action , the judge or jury can draw an adverse inference to support liability when the defendant invokes the Fifth Amendment. And an employee who invokes the Fifth Amendment in response to questions from federal agents who are investigating corporate wrongdoing might be fired as a result.
To learn more about corporate and executive criminal liability, follow us on LinkedIn. By using this site, you agree to our updated Privacy Policy and our Terms of Use. Search Print. The Fifth Amendment can be invoked only in certain situations. An individual can only invoke the Fifth Amendment in response to a communication that is compelled , such as through a subpoena or other legal process. Courts have explained that the privilege of silence is designed to avoid the "cruel trilemma" of perjury, contempt, and self-incrimination.
In other words, someone who might have committed a crime and who is forced to answer questions about the conduct in question has to choose between:. Beyond the trilemma, courts have discussed three broader concepts underlying the Fifth Amendment. The theory is that compelled testimony is inherently unreliable. For example, an innocent person who can be forced to talk might confess for the simple goal of putting an end to an interrogation.
The idea here is that law enforcement officers would use coercion, if not outright torture, if they knew that any admission they could extract would be admissible in court.
Adversarial system. Our legal system is founded on adversarial, rather than inquisitive, proceedings. That means that it's the government's burden, not the defendant's obligation, to provide evidence of guilt. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. What's the reason for the Fifth Amendment privilege against self-incrimination? In other words, someone who might have committed a crime and who is forced to answer questions about the conduct in question has to choose between: lying, and thereby committing perjury refusing to answer so as to be held in contempt of court, and providing evidence—if not an outright admission—that could lead to a conviction Beyond the trilemma, courts have discussed three broader concepts underlying the Fifth Amendment.
Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information.
0コメント