It doesn't protect you from having to testify. It only protects you from having to give sworn testimony that might incriminate you.
So for all you jokers who claim that you'd go in front of Congress and plead the Fifth if you were asked your name... do you think it's worth going to jail for?
2007-03-29 07:40:18 · 5 answers · asked by Bush Invented the Google 6 in Politics & Government ➔ Politics
READ THE LANGUAGE. It does NOT give you the right to be silent; it gives you the right not to INCRIMINATE yourself.
2007-03-29 07:47:57 · update #1
The fifth amendment of the United States Constitution says:
" 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. "
So, pleading the fifth means you don't want to incriminate yourself - because if you say something, it could be used against you in the court of law. You could still answer some questions that don't incriminate you.
2007-03-29 07:50:55 · answer #1 · answered by Think Richly™ 5 · 0⤊ 0⤋
Correct.
And the courts have ruled that specific questions are normally outside the scope of the 5th Amendment -- like name, age, address, etc -- unless that information would by itself prove an element of a crime.
There are also ways to bypass the 5th Amendment issues, such as granting specific immunity before testimony. That way, nothing the person says can be used against them as evidence. Congress can grant immunity to witnesses, which eliminates any option to use the 5th to avoid testifying.
2007-03-29 07:44:20 · answer #2 · answered by coragryph 7 · 6⤊ 0⤋
It gives you the right to be silent if you so choose.
Too bad it doesn't fit into your agenda today, which is why you're attacking it.
LOL!
2007-03-29 07:43:41 · answer #3 · answered by Anonymous · 3⤊ 2⤋
you can answer what your name is andsuch, you just don't have to answer anything else
2007-03-29 07:44:43 · answer #4 · answered by kapute2 5 · 1⤊ 1⤋
Yes! as you should.
2007-03-29 07:43:34 · answer #5 · answered by ? 6 · 2⤊ 1⤋