Does the fifth preclude use of confessions?

Question

To be exact. The fifth amendment forbids compelling someone to make a self accusatory testimony. How this works, I do not understand, as it seems that "taking the fifth" would be regarded as in indirect admission of guilt... But my main point is that some legal systems rest largely on obtaining a confession. Are those admissible as pieces for the prosecution in US law?

Answer 1

Confessions are legal as long as they are obtained within the boundries of the law.
Though the US does not rely solely upon confessions....there is better evidence( eye witness testimony,DNA and ect...all depending on the crime committed)... besides confessions are not always reliable....case in point...John Mark Karr.

"Pleading the 5th" is refusing to testify under oath.....a guy being questioned by the police and refusing to "confess" is not the same thing.

While under oath a jury or a grand jury would hear that you are refusing to testify....why would you refuse UNLESS they was something in your testimony that would incriminate yourself?...The exact reason why you would plead the 5th to begin with.

If you do answer ANY questions while on the stand that revokes your claim...and you can be compelled to testify at that point(I think).

As far as how the judge would instruct the jury re: that...I'm not sure.


btw-you do NOT have to testify against your spouse.

Answer 2

Right but the 6th and 14th amendments are better weapons for that. I would look into your states Evidence codes and check for the institution of Miranda, if it still applies. I think its People v Miranda 1967 US 133. And yes confessions and anything, i mean ANYTHING you say to a cop beyond your name, DOB is and will be used against you no matter how they will have to twist it to make a case. Give nothing beyond your name ever. The fifth DOES NOT preclude the use of a confession.

Answer 3

Invoking your 5Th amendment rights should not be seen as an admission of guilt. A person doesn't have to take the 5th. They can waive that right and make a confession. However the cops cannot force one out of a suspect.

Answer 4

Yes, confessions are admissible. By confessing, the accussed waives his or her Fifth Amendment Right to Remain Silent.

Answer 5

Omission in the United States legal system is not an admission of anything. Guilt, in a case by jury or judge decision, must be decided based upon NO REASONABLE DOUBT. Meaning, that proof must be established before a guilty verdict is rendered. Omission ("taking the 5th" ammendment) is not proof of anything.

Answer 6

taking the fifth means you give no incriminating evidence they must prove on and find their evidence.
confessions are used as proof
but there are rules.
some are not gotten legally
coercion/force/ not read your rights... prove these and confessions are tossed out of court.
there is a lot of complex law involved and asking a lawyer or law school is best.
getting confessions from tortured or mentally ill is very suspect and see website below to begin to understand some of that..

Answer 7

By saying, "I take the fifth". they cannot make you talk or your wife or you'r doctor!! The US. Law is not the same for everybody!!! money runs America!!!

Answer 8

it is all part of it, you do not have to confess if you don't want to, but if you want to you are allowed, taking the "fight" or fight admendment does not mean you can't confess or have it used, but it only means you are not required to confess

Answer 9

if you confessed voluntarily and with the knowledge
that you could not be compelled to do so.