Is pleading the 5th, always an admission of guilt?

[Anonymous]

The 5th amendment basically protects you from incriminating yourself.

So, if you "plead the 5th" isn't that just an admission of guilt

[purplepoppy]

Absolutely. Innocent people fully cooperate and aggressively argue their Innocence. Ask any police officers or lawyer and they'll tell you innocent people get really upset and protest their innocence. They want to prove it.

Criminals always clam up or tell the police "prove it".

[Anonymous]

You don't 'plead' the 5th, you assert your rights under the 5th Amendment, and doing so is never an admission of guilt. Juries are specifically instructed that it is not to be taken in that way. Cases are overturned on appeal all the time if it is shown that a jury inferred guilt from a defendant asserting their 5th Amendment rights.

[DrPepper12]

What? No!!! It means your excercising your right to not incriminate yourself!!!

Guilty? NO! THAT is an informed citizen

[NaultD]

With how easy it is to put your foot in your mouth it's not.

[Asker]

So you're saying it is

[Agape93]

In civil, yes. In criminal, no

[BarryLiverstone]

Nope

[Asker]

Care to explain

[BarryLiverstone]

It’s a right to not self incriminate

[Asker]

Yes, it's a right, but doesn't that basically say "yeah, I did it" but im not telling you

[BarryLiverstone]

Nope. Because pleading the 5th means in court you do not want to officially testify. Otherwise you would be sworn in to tell the whole truth and nothing but the truth.

[Asker]

That's why you're allowed to use it, but, it's basically an admission, because by saying "plead the fifth", you're then saying "yeah, im guilty, but im not going to tell you"

[BarryLiverstone]

Nope. It’s saying you don’t want to take the stand. Remember once on the stand, you swear to tell the whole truth. So if you did agree to it and the opposing lawyer catches you not telling the whole truth you may be punished. Also the lawyer could ask you questions not directly related to the case and you would have to answer them.

There are many reasons why you would plead the 5th to protect yourself and why lawyers often advise their clients to do so. Laws can be complicated

[Asker]

If you are questioned, after giving the fifth, they can't "accuse you of lying", because you plead the fifth, but that really only just means, you are still guilty, and they probably have evidence to back it up

If I shot someone, I'm a white autistic jewish, poor male, just for the sakes of this, and killed them. They have proof I did, evidence etc.. but, to protect myself, I plead the fifth, aren't I still a murderer, i just told them I don't have to incriminate myself, to make the jury work for it

[BarryLiverstone]

You are innocent until proven guilty. Sure if enough evidence is presented the jury of your peers may vote that you are guilty. But there are cases where someone innocent has been framed and didn’t actually break the law.. in those cases they rely on the legal system to work and not be ruled guilty. If framed, they could take the stand and a skilled lawyer could make them appear guilty

[Asker]

Right, like as in the case of the central park 5, where trump literally wanted the death sentence for 4 back men and a mexican, when they didn't do it at all.

Go look it up

That's my point. Generally, if you plead the 5th, you are guilty, because of evidence, COUPLE with the 5th.

You can't just say "because they plead it, means they're ALWAYS innocent"

[BarryLiverstone]

I don’t need to look it up. Trump took out a full page ad about the Central Park 5.

You asked about pleading the 5th, this wasn’t a question about Trump

[Asker]

I'm just proving a point

[BarryLiverstone]

But you don’t have to prove any point. You asked a question on gag because you didn’t know if pleading the 5th was ever needed.

[Asker]

Not really. You answered, I asked why you answered the way you did

[BarryLiverstone]

It wasn’t a debate. I did answer because I honestly said no to the original question.

[seeyounexttuesday]

No it is not.