Invoking the Fifth Amendment
Resources
"Attorneys defend taking the Fifth" Washington Times, DC. April 4, 2007.
http://washingtontimes.com/national/20070404-051551-4710r.htm
"Senators request more Justice files" Baltimore Sun , MD. April 10, 2007.
http://www.baltimoresun.com/news/nationworld/bal-te.attorneys10apr10,1,3501399.story
The Fifth Amendment
http://www.citizenbee.org/user/StudentGuide.aspx?id=794
Questions
- Why is Attorney General Alberto Gonzales being called to testify before the Senate Judiciary Committee?
The Congress wants more information about last year’s firings of eight federal prosecutors. They believe that Attorney General Alberto Gonzales has more information.
- Why is additional information being requested from the Justice Department?
The Senate Judiciary Committee believes that some of these federal prosecutors were improperly fired. The Committee wants to determine whether or not these firings were legitimate.
- What right did Monica Goodling, former aide to Attorney General Alberto Gonzales, exercise when she was called to testify before Congress?
She exercised her right to be free from self-incrimination. She said she would not answer any of the questions posed by the Judiciary Committee.
- Why did Monica Goodling exercise this right?
According to her attorney, Ms. Goodling believed that answering these questions in the environment in which they were posed would adversely affect her. Her attorney believes that the Judiciary Committee already assumes she is guilty of wrongdoing, and her testimony would have no positive impact on the Committee's assumptions.
- Why would a guilty person invoke his or her Fifth Amendment right against self-incrimination? Why would an innocent person invoke his or her Fifth Amendment right (since invoking this right does not necessarily signify evidence of wrong-doing.)
A guilty person would invoke his or her Fifth Amendment right against self-incrimination because, in the American system of justice, individuals should not be forced to condemn themselves. The burden of proof of guilt is on the prosecution.
An innocent person would invoke this protections for a variety of reasons:
- For a wide variety of reasons, the truthful answer(s) the defendant would give may not sound truthful
- Information about other actions— criminal or otherwise—may discredit the defendant.
- The defendant may not be a good public speaker, and when presented with questions in a hostile environment, they may give the impression of guilt, even if they are innocent of wrongdoing.
Extensions
1. Have students learn more about the Fifth Amendment protection against self-incrimination by using the following resources:
