A defendant has the right to "take the fifth" without prejudicing the jury in the prosecution's favor.

Question

Quizplus · Accepted Answer

The Fifth Amendment of the US Constitution protects against self-incrimination, and a defendant has the right to refuse to testify in a criminal trial. The jury is instructed not to draw any negative inference from a defendant's decision to remain silent or "take the fifth." Therefore, a defendant's decision to exercise their Fifth Amendment right should not prejudice the jury in the prosecution's favor.

A Defendant Has the Right to "Take the Fifth" Without