Legal Definitions - plead the Fifth

To plead the Fifth means to invoke the constitutional right to refuse to answer questions or provide information that could incriminate oneself in a criminal proceeding. This right is derived from the Fifth Amendment to the United States Constitution, which states that no person "shall be compelled in any criminal case to be a witness against himself."

When an individual "pleads the Fifth," they are asserting their privilege against self-incrimination. This does not necessarily imply guilt, but rather indicates a concern that their testimony could potentially lead to criminal charges or be used as evidence against them in a criminal prosecution. This right can be exercised in various legal contexts, including criminal trials, grand jury proceedings, civil depositions, and even congressional hearings, as long as there is a reasonable apprehension that the testimony could be incriminating.

Here are some examples illustrating how this term applies:

• Example 1: A Witness in a Criminal Trial

  Imagine a witness is called to testify in a murder trial. During cross-examination, the defense attorney asks the witness about their involvement in a separate, unrelated drug trafficking operation. The witness, knowing that answering truthfully could expose them to criminal charges for drug offenses, states, "I plead the Fifth Amendment."

  Explanation: By pleading the Fifth, the witness is exercising their right to refuse to answer questions about the drug operation because their testimony could provide evidence that might be used to prosecute them for a crime (drug trafficking), even though it's not directly related to the murder trial at hand.

• Example 2: An Individual Before a Grand Jury

  A grand jury is investigating allegations of widespread financial fraud within a corporation. An employee, Sarah, who handled some of the company's accounting records, is subpoenaed to testify. When asked about specific transactions that she knows were part of the fraudulent scheme, and which she might have inadvertently facilitated, Sarah's attorney advises her to plead the Fifth.

  Explanation: Sarah is invoking her Fifth Amendment right because her truthful testimony about those transactions could reveal her participation, even if unwitting, in the financial fraud, potentially leading to her own indictment and criminal prosecution.

• Example 3: A Business Executive at a Congressional Hearing

  A CEO of a pharmaceutical company is called to testify before a congressional committee investigating price gouging and anti-competitive practices. During the hearing, a senator asks the CEO, "Did you personally authorize the destruction of documents related to your company's pricing strategy, knowing they were under subpoena?" The CEO's legal counsel advises him to plead the Fifth.

  Explanation: The CEO is asserting his Fifth Amendment privilege because answering "yes" to the question would admit to obstruction of justice, a serious criminal offense. Even if the hearing is not a criminal trial, the testimony could be used by prosecutors to initiate criminal charges against him.