The act of invoking the Fifth Amendment to the United States Constitution involves a person refusing to answer questions in any setting, including court, depositions, or interrogations, where the answers might be self-incriminating. This constitutional right protects individuals from being compelled to testify against themselves. For example, a witness in a criminal trial may decline to answer a prosecutor’s question if the answer could potentially link them to the commission of a crime.
This right serves as a cornerstone of the American legal system, safeguarding against coerced confessions and ensuring fair trials. Historically, this protection stems from a concern about abuses of power where individuals were forced to provide evidence against themselves under duress. By allowing a person to remain silent, the Fifth Amendment helps maintain the presumption of innocence and places the burden of proof squarely on the prosecution.
