MovieChat Forums > Miss Sloane (2016) Discussion > Question about "taking the Fifth"

Question about "taking the Fifth"

posted 8 years ago by Jep_Gambardella
6 replies | jump to latest

If I understood it correctly, the moment that Elizabeth deviated from her "I take the fifth" reply (by angrily responding to Senator Lithgow's implication that she was addicted to drugs) she no longer could invoke the right not to answer questions without being in contempt of court? Is that how it works? How does that make sense?

All my knowledge of the American justice system comes from movies and TV, so forgive me if the question sounds stupid.

[–] ActPurple 8 years ago

Once you give up that right you can no longer invoke it again. You either invoke the fifth or you answer all the questions they ask. You can't cherry pick what to answer and what not to.

[–] Kiers77 8 years ago

But i think you have to explicitly waive your right to the 5th, no? not that you just give an answer?

[–] heartyburgundy 8 years ago

No, it is not an explicit waiving of one's right.

You can waive your right intentionally or unintentionally. Once you open the figurative door to answering questions about a subject or that is related to a subject, you cannot shut it again.

You can answer simple questions that involve your name, address, etc. If, however, the court case deals with your placement in a grocery store and you provide an answer to an attorney asking you, "Were you in the grocery store?" then he has grounds to compel you to answer any questions you later refuse to answer that are arguably related to the case. And "related" is very broad, which is why waiving this right when you have a high chance of being incriminated opens Pandora's box, so to speak.

[–] Kiers77 8 years ago

thanks! scary stuff.

[–] Jep_Gambardella 8 years ago

Once you give up that right you can no longer invoke it again. You either invoke the fifth or you answer all the questions they ask. You can't cherry pick what to answer and what not to.

That is what I surmised from what happened in the movie. Thanks for confirming it.

I can't say I understand the logic behind it, to be honest.

[–] ReganRebecca 8 years ago

Thanks for the answer, American TV has had me thinking for years that you could cherry pick which answers you pled the 5th to.