It’s fun and games ’til someone takes the Fifth

Published September 4, 2015 4:01am ET



The Fifth Amendment to the U.S. Constitution provides an important procedural protection for people who face prosecution. No person, it declares, may “be compelled in any criminal case to be a witness against himself.”

This right does not apply only in the immediate context of a criminal trial. No judge, prosecutor, policeman, lawmaker or potentially aggrieved civil plaintiff can circumvent this protection. No one can compel someone suspected of a crime to answer potentially self-incriminating questions outside the courtroom or inside it.

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