By pleading the fifth, the person chooses to remain silent. Its the prosecutions job (the government lawyer in criminal cases) to prove the defendant guilty, not the other way. By pleading the fifth, you uphold the principle that you are innocent until proven guilty and prevent law enforcement from using your words against you. If you have any questions or. Pleading the fifth originates from the fifth amendment of the united states constitution, part of the bill of rights adopted in 1791.
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