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"I plead the Fifth" an unequivocal invocation of right to remain silent; habeas writ granted

By John Wesley Hall, Jr.

CA9 en banc: "I plead the Fifth" is an unequivocal invocation of the right to remain silent, and the habeas writ is granted. Anderson v. Terhune, --- F.3d ----, 2008 WL 399199 (9th Cir. February 15, 2008): It is likely that few Americans can profess fluency in the Bill of Rights, but the Fifth Amendment is surely an exception. From television shows like “Law & Order” to movies such as “Guys and Dolls,” we are steeped in the culture that knows a person in custody has “the right to remain silent.” Miranda is practically a household word. And surely, when a criminal defendant says, “I plead the Fifth,” it doesn't take a trained linguist, a Ph.D, or a lawyer to know what he means. Indeed, as early as 1955, the Supreme Court recognized that “in popular parlance and even in legal literature, the term ‘Fifth Amendment’ in the context of our time is commonly regarded as being synonymous with the privilege against self-incrimination...continue to full post

Full post as published by Fourth Amendment on February 16, 2008 (boomark / email).