What does it mean to invoke the Fifth Amendment?

Invoking the Fifth Amendment refers to an individual’s right to remain silent when questioned by the government in a court of law. The Fifth Amendment to the U.S. Constitution states that no person “shall be compelled in any criminal case to be a witness against himself.” This right to remain silent is particularly important in criminal proceedings because it prevents the government from forcing a defendant to incriminate himself or herself by answering questions in court or providing testimony. When this right is invoked, it typically means that a defendant will not respond to questioning by the prosecutor or provide testimony in the matter. This prevents the prosecutor from using the defendant’s own words against him or her. In Hawaii, a defendant can invoke the Fifth Amendment to remain silent before or during a trial. The choice to remain silent is ultimately up to the defendant, and should be considered carefully. It is recommended that anyone charged with a crime consults a lawyer to discuss his or her rights and determine whether it would be best to invoke the Fifth Amendment.

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