The Fifth Amendment

Here's one that everyone knows: "I plead the Fifth."  This comes directly from the clause in the fifth amendment that states no person shall be compelled in any criminal case to be a witness against himself.  Meaning:  you don't have to incriminate yourself in anyway. EVER.  This amendment also guarantees a few other rights that are not always as well known as the right to not incriminate yourself.  You will always be tried by a grand jury for a capitcal crime (certain things with the military during times of war change this), you can't be tried twice for the same crime, and the government can't take your property without compensating you.  Again, the roots of this are from the oppression that the framers faced by the british government, where they were denied these rights.

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An enlightening homemade video about why not to talk to the police.  Some important information is given here that everyone should know.  I really liked how he emphasized the portion of your Miranda rights where it says "anything you say can and WILL be used against you."  Right there, you see that it doesn't matter what it is you say: I wasn't there, I didn't do it, I don't even know the guy.  It makes no difference what it is that comes out of your mouth, it WILL be used against you in a court of law.  There is justification enough to never speak to the police.  Great video

Article

Uninvited White House Guests Take the Fifth at Hearing

By JANIE LORBER

Published: January 20, 2010

WASHINGTON — Michaele and Tareq Salahi, the couple accused of sneaking into President Obama’s first state dinner in November, declined to answer questions posed by lawmakers on Wednesday.

The latest on President Obama, his administration and other news from Washington and around the nation. 

Subpoenaed by the House Homeland Security Committee, the panel that oversees the Secret Service, the couple invoked their Fifth Amendment right to remain silent as member after member pressed them for details about Nov. 24, the night of the state dinner.

“On advice of counsel, I respectfully invoke my right to remain silent and decline to answer your question,” Mr. and Mrs. Salahi recited more than two dozen times in their first hour or so before the committee.

In what amounted to an all-out public thrashing, lawmakers said the couple’s activities were “an abomination” and “made a mockery” of the country.

“To have engaged in conduct that undercut the seriousness of our role to protect the president as some sort of reality TV stunt is an extraordinary affront to the seriousness of the issues that are before us today,” said Representative Dan Lungren, Republican of California. “The Constitution protects fools. It protects stupidity. It protects errant thought.”

Still, the Salahis, who face possible criminal charges as to whether they lied to public officials or trespassed on federal property, remained calm. Outside the committee room, the couple’s lawyer, Stephen A. Best, called the lawmakers’ efforts a “charade,” and said the Salahis had committed no crime.

“They believed 100 percent in their hearts that they were invited” to the dinner, he said. He criticized the committee’s members and said that while there might have been a misunderstanding, it was a misunderstanding on the part of government officials overseeing the guests’ entry that night, not the Salahis.

A federal grand jury is investigating how the couple got past Secret Service checkpoints, without invitations or background checks, shook hands with Mr. Obama and posed for a photograph with Vice President Joseph R. Biden Jr..

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This was a story that hit media spotlight all across the country.  It also shows the power of the fifth amendment in court.  Both Mr. and Ms. Salahi repeatedly stated that they did not have to answer questions when faced with a barrage of them.  And quite simply, they didn't have to.  This is the importance of the fifth amendment.  It doesn't matter how badly someone badgers you or tries to manipulate you, you simply don't have to talk.  While I've personally never had a situation where I've had to use the fifth amendment, I know that given the right circumstances, I surely would.  I hope you would, too.