Defendants are deemed to have waived their Fifth Amendment privilege against self-incrimination at trial if they

Question

Quizplus · Accepted Answer

Defendants waive their Fifth Amendment right against self-incrimination at trial if they choose to testify in their defense and answer questions. This decision to waive the privilege cannot be made by the prosecution or the judge, but only by the defendant. Choosing to remain silent and not testify is not a waiver of the privilege. However, pleading the Fifth Amendment in response to a specific question at trial may lead the jury to infer guilt, which is why many defendants choose to testify and answer questions instead.

Defendants Are Deemed to Have Waived Their Fifth Amendment Privilege