Know Your Right to Plead the Fifth
The following is a transcript of "
Hello, and welcome to Legal Lad's Quick and Dirty Tips for a More Lawful Life.
But first, a disclaimer: Although I am an attorney, I do have feelings, and I admit that I was truly touched by the letters of support I received from you, loyal listeners. The past two weeks were much less painful and much more bearable with your kind and thoughtful well-wishing. I truly appreciate your support, and am very glad to be back behind the microphone.
And second, the standard disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, I do not intend to create an attorney-client relationship with any listener.Today's topic is the Fifth Amendment's privilege against self-incrimination. Several listeners have written in with questions after seeing a witness in a TV show take the Fifth to avoid testifying, and after reading about how Monica Goodling attempted to take the Fifth when she testified before Congress regarding the firing of eight U.S. attorneys. The Fifth Amendment provides in full:
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.The relevant portion for today's episode is the phrase, "nor shall be compelled in any criminal case to be a witness against himself." This privilege allows a person to refuse to answer official questions put to him in any proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings. This is the basis for the famous portion of the Miranda warning: "You have the right to remain silent."
Select the service that is right for you!COMPARE ALL SERVICES
Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
- Weekly roundups
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
- Upgrade/downgrade alerts
Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.
- Diversified model portfolio of dividend stocks
- Alerts when market news affect the portfolio
- Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.
- Real Money + Doug Kass Plus 15 more Wall Street Pros
- Intraday commentary & news
- Ultra-actionable trading ideas
Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.
- 100+ monthly options trading ideas
- Actionable options commentary & news
- Real-time trading community
- Options TV