Why Do People Plead the Fifth!? #KnowYourRights #LawyerReacts

As a criminal defense attorney, I constantly hear jurors say that if they were being accused of a crime, they would waive their fifth amendment right to remain silent. The truth is, it is your RIGHT as a citizen to not testify against yourself in court and you should be presumed innocent no matter if you choose to testify or not.

Why would someone innocent choose not to testify? Some examples include fear of being fear of public speaking, fear of discriminated against, threats being made towards you, and so many others. Remember... When you testify against yourself, you are waiving your constitutional right– You don't have to.

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[GiuliQGandolfo]

If you’re guilty, then you need a lawyer and if you’re innocent then *you* **really** *need* a lawyer 🌞

[thebigd]

If I were innocent I would exercise my right to remain silent and let my lawyer do my speaking for me.

[LegendStormcrow]

It's not just regular fear of public speaking, it's worse because not only is failure punished, but you have people actively not just rooting for your downfall, but trying to force it.

[HomerSimpson-tqym]

Public speaking was a class everyone hated in my college

[Joemama-qffb]

Those people should not be allowed on a jury

[KKingPin]

If you don't already know many reasons why an innocent person might plead the 5th, you have no business on a jury. This is a fundamental principle of our legal system right up there with "innocent until proven guilty".

Some reasons
You are easily confused by trick questions which the other lawyer will hammer you with during cross examination.
You do not display emotion well, which most perceive as guilt, when you just are not very emotional.
You were doing something else which was perfectly legal during the time of the murder, and testifying would inevitably include the question, "where were you at the time of the murder". You would either have to admit what you were doing, or lie under oath.
You understand that the prosecution does not have sufficient evidence for a conviction and the only thing you could possibly do to help their case would be to testify and allow them to misrepresent everything you say trying to make you seem guilty.

These are just a few of the most common. I'm sure there are many more. It is not the job of the accused to prove their innocence. It is the job of the accuser to prove their guilt. Every innocent person put in jail means another criminal still on the lose.

[ericschneider]

Hire the best attorney you can afford and do what he or she tells you.

[DRAONWEED]

Prosecuting attorneys sometimes become positions. They're not afraid of lying in court, their afraid of being caught.

[rattlecat]

Going on as the primary wittness in a criminal case in the next few months, I thank my community college professor, from the bottom of my heart, for the best public speaking class ever! It was a required course and I was apprehensive going in... but completed the course confident that I was well prepared for public speaking situations from that point forward.

His class alone, was worth the full tuition, for the entire, full time, semester!

[Cookiemunster]

I think their natural way of thinking is essentially the assumption that not testifying is like not speaking up for yourself. Almost like a I have no mouth and I must scream. Obviously that not the actual situation in fact 9/10 times your lawyer is going to be able to articulate your case and feelings better and more appropriately then you yourself could ever.

[beverleyarnold]

Really appreciate your delivery, so easy to listen to and follow. Great info. Thank you👍

[rickmcroberts]

Beyond educating prospective jurors pre trial during voir dire selection, when a criminal defendant elects to exercise their 5th amendment right the judge will specifically instruct jurors immediately prior to their deliberations that no adverse inferences can be drawn regarding the defendants silence.

[AnotherWisenedOne]

Everybody who gets ensnared by the legal system for ANY reason needs to demand to see their written guarantee of getting a fair trial!

[buzzbrutusexcelsior]

Man, just do your best not to need to be in the witness box. If that doesn't work out for you, listen to all of these lawyer guys that you can then when you feel you got enough info, if ya got the cash, get your own lawyer guy and double down on what he says!!!

[stevep]

If I was a juror, I would explain to all my fellow jurors what jury nullification was.

[randycallow]

You can't. If you are hesitant to defend yourself you are perceived as guilty

[MikaelJordone]

Getting looked at negatively for exercising a fundamental right is absolutely ridiculous

[vegasthornton]

I like the part where he tells us how to persuade a jury how not to hold our silence against us

[markvestal]

Very true sir.. but most cases are resolved thru a plea bargain! ❤

[dissent]

That’s one possibility- fear of public speaking- another is that they’re an utterly unsympathetic monster who is guilty as sin.