# A question about "Pleading the Fifth" **URL:** \ **Category:** Factual Questions\ **Created:** [March 12, 2023, 10:41pm UTC](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085 "2023-03-12T22:41:06Z")\ **Posts on this page:** 6\ **Page:** 4
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [March 23, 2023, 8:22pm UTC](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085/61 "2023-03-23T20:22:34Z")
Which is the problem with bending the rules for “serious” crimes. Once the rules are bent, no one ever seems to bother the straighten them out again. ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [March 23, 2023, 10:17pm UTC](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085/62 "2023-03-23T22:17:56Z")
> [@k9bfriender](#): > > Once the rules are bent, no one ever seems to bother the straighten them out again. If there is no penalty for breaking the rules, then they aren’t really rules… ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [March 24, 2023, 12:21am UTC](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085/63 "2023-03-24T00:21:42Z")
> [@Exapno\_Mapcase](#): > > The loophole for government is not the “jeopardy of life or limb” part but the “same offence” part. You can be prosecuted for a state offence and a federal offence for the same crime, especially if a civil rights violation is involved. I always thought that was bogus. > [@Exapno\_Mapcase](#): > > [You can invoke the Fifth at any time in the process](https://olddominionbarassociation.com/Resources/Documents/How%20to%20Invoke%20the%20Fifth%20Amendment.pdf), even at the first police interrogation, as long as you have been Mirandized. _Am I free to go?_ If NO, then _I want to speak to my/a lawyer_. Unless as a witness, and even then be a little careful. Do not try and talk yourself out. > [@SanVito](#): > > Common Law in England has always, in theory, prohibited torture - it is called out in Magna Carta - and was specifically made illegal in England in 1640. Yeah but a constable tossing you in a dirty vermin infested cell with occasional slapping around was not considered “torture”. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [March 24, 2023, 1:29am UTC](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085/64 "2023-03-24T01:29:28Z")
> [@Exapno\_Mapcase](#): > > [You can invoke the Fifth at any time in the process](https://olddominionbarassociation.com/Resources/Documents/How%20to%20Invoke%20the%20Fifth%20Amendment.pdf), even at the first police interrogation, as long as you have been Mirandized. I don’t think you have to wait until Mirandized. Like I’ve been saying all along that you don’t have to answer questions even before arrest. That is based on the 5th and why, despite their threats, it is not illegal. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [March 24, 2023, 3:58am UTC](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085/65 "2023-03-24T03:58:10Z")
> [@Saint\_Cad](#): > > I don’t think you have to wait until Mirandized. Sure. But the whole point of the Miranda Warning is to advise people of the rights they have. Surprisingly too many people are not aware of their rights (no matter how obvious it is to you or me). ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [March 24, 2023, 5:27pm UTC](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085/66 "2023-03-24T17:27:14Z")
> [@Saint\_Cad](#): > > I don’t think you have to wait until Mirandized. Like I’ve been saying all along that you don’t have to answer questions even before arrest. That is based on the 5th and why, despite their threats, it is not illegal. Yes - I’ve seen police approach someone and start asking questions in a deli on the main street - he was by appearance a “street person” not too clean or well-groomed, and not apparently causing any problems. After the second question or so, he simply said “Am I under arrest?” They replied “no” and he said “then I don’t need to stay here and talk to you.” And he left. [Previous page](https://boards.straightdope.com/t/a-question-about-pleading-the-fifth/981085.md?page=3)