Does Pleading the Fifth Mean You Are Guilty?

In this episode of Bloomberg Opinion's "The Method," Noah Feldman considers whether pleading the Fifth in a trial is an implication of guilt.

What do you think? Let us know in the comments!

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[ggleminus]

I would comment but on the advice of my lawyer I respectfully invoke my rights under the Fifth Amendment not to incriminate myself.

[wendyalexander]

It means you can't criminally condemn yourself. It's a legal right

[mohamedaitlarbi]

Judge:how old are you?
Me:I plead the fifth

[guiltyuntilproveninnocent]

I detective tricked me by asking if I was pleading the fifth. I mean, I couldn't speak on account of something I know nothing about. Now the state of Alabama is trying to give me 7 years in prison for a crime that was committed in a city I have never been to. So, constitutional rights can be used to get you into trial. I wouldn't recommend pleading the fifth in the courtroom, to a jury, but at the same time, Law enforcement can get a Grand Jury indictment on you for it.

[eamonnsiocain]

No. Taking the Fifth is not tantamount to a confession:

"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."

[PROTEST-jcos]

Rights are rights, they are not privileges... they cannot be taken away and cannot be speculated against.

[PROTEST-jcos]

No, it does not mean your guilty... But nice try!

[SarcyBoi]

I don't buy it. If the facts make you look guilty, you are almost certainly guilty. Why should someone be presumed innocent when they are actively hiding information about the case? This feels like a mockery of the oath, key term: "THE WHOLE TRUTH".

Some laws feel like they exist only to ensure that a rich asshole can get away with committing any crime they like, and the 5th Amendment is one of them.

[will]

That would be interesting to state I plead the fifth and protect my innocence .as the constitution allows me .
Hmm

[ExOskeletal]

You're too smart for us a meaningful response.

[garynaccarato]

As far as I know nobody actually has the legal right to make you come right out and admit something that you might have done which happens to be a crime and the minute that someone in a court ask you a question about whether or not you stole something whether you murdered someone or whether or not you molested or raped someone you have no legal obligation to have to admit those things and the minute that somebody in court does demands you to admit those type of things they have legally overstepped your legal rights and pleading the fifth simply put emphasize on that fact.

[eamonnsiocain]

Presumption of Innocence applies to a trial. Nowhere in the Constitution is that presumption protected as a universal right; ie, outside of a court setting, the presumption of guilt does not violate any of your Constitutional Rights.

[lalalyons]

IMO people have gotten away with a lot by pleading the fifth

[callesiete]

No, Just Means Your Hiding, Lying or Dont Want to Tell The Truth.