If you watch TV, you probably know that “taking the fifth,” or ‘pleading the fifth,” means using your legal right of the refusal to answer questions by a judge or attorney, which may incriminate you. The Fifth Amendment also has other protections as well, all of which protects Americans from judicial abuse of the government.
“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.”
You can also “take the fifth” under spousal privilege which protects you against making incriminating statements against your spouse as well. Spousal privilege is two different privileges, the marital confidences privilege and the spousal testimonial privilege.
The marital confidences privilege that recognizes privileged communications between a married couple and protecting the contents of confidential communications. This privilege applies in civil and criminal cases. A court can not make a spouse testify against the other concerning confidential communications made during marriage as long as it was a communication just between the married couple and that it was intended to be confidential.
There are certain exceptions where you cannot “take the fifth”. You can only take the Fifth to avoid answering incriminating questions when you’re a witness. If you’re charged with a crime and choose to take the stand to testify in your own defense, you can’t take the Fifth to avoid questions by the prosecution. You can, however, choose not to testify at all.
The Fifth Amendment doesn’t protect you from having to answer questions in civil cases where is no possibility of a criminal charge.
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