"Your Honor, I Plead The 5th" .........

This what I want to say when you guys get around to asking me, " What took you so damn long"? Truth is, the 5th, it scared me. It is such a broad topic with a ancient history (I mean it, really old). There is a bunch of U.S.C. (United States Code) law that hinges on the 5th. In short I felt it was too big for me to handle , so I just didn't handle it. I chickened out and turned tail. Well I finally conquered my fear and decided to trim the scope on the 5th. I will be looking at one important facet of this legal behemoth. It is the passage that states, "... nor shall be compelled in any criminal case to be a witness against himself,". So with that being said lets reacquaint ourselves with the 5th Amendment;*"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. "*Wow that is a mouthful, no wonder it freaked me out. Anyway the history behind the provisions that the 5th contains can be traced back to pre Norman England (where many of the ideas incorporated in the Constitution originated). The 'right of a Grand Jury' was voted on by the first Assembly of elected members in the New York colony, dated 1683. The saying, "nemo tenetur seipsum accusare" or 'no man is bound to accuse himself' has it's beginnings in the early days of the Catholic Church. This is a great segue for the first item I was going to discuss. The privilege against self-incrimination is a personal right. It is one of the few laws that doesn't apply to corporations. Another thing is this right can be invoked at any time in criminal proceedings, from the time of arrest, to the time the indictment is handed down, to the time of sentencing the 5th Amendments power can be called. Okay, stop me if you have heard this one before;*You have the right to remain silent and refuse to answer questions. Do you understand?Anything you do say may be used against you in a court of law. Do you understand?You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?*This last set of questions are commonly known as your 'Miranda Rights'. This is where the 5th comes into play everyday in the US. By refusing to answer any questions you are in effect invoking the 5th, but it no way will stop the police from taking you in and detaining you for an crime or offense as there is often physical evidence and witnesses to corroborate and justify your detention. In fact contrary to belief 'Miranda Rights' don't always have to be read and it will not always constitute a 'mistrial' later when the case comes to trial. Usually, 'Miranda' is read when the police intend on interrogating a suspect. In the case of urgent public safety, questioning will commence until such danger is deemed over, at which point 'Miranda' will be read and the judge will decide what can be used in court as evidence later. It will not protect you from answering questions like name, address, and date of birth and it will not stop the police from taking a blood sample should the need arise. If there is one aspect of the 5th Amendment I would like you to take away from this little diatribe, it is this. If you are being questioned under oath and at some point you evoke the 5th, understand you will have the juries prejudice. This means that there is a feeling on the part of the jury to rule against innocence. If you say I plead the 5th the jury will harbor feelings that you got something to hide. Though it is your Constitutional right, you will look guilty in the eyes of the jury. Just ask the "Enron executives":http://www.youtube.com/watch?v=OrFxLSC3ENQ and "Alberto Gonzales":file:///H:/Documents/Gonzales%20aide%20to%20invoke%20Fifth%20Amendment%20-%20Politics-%20msnbc.com.htm.