In American criminal law, "taking the fifth" is the act of refusing to testify under oath in a court of law or any other tribunal (such as a Congressional committee) on the grounds that the answers that would be given could be used as evidence against the witness to convict them of a criminal offense. Although similar to the right to remain silent when being questioned by law enforcement officers, and coming from the same source, namely the Fifth Amendment in the Bill of Rights, the right to refuse to answer when under oath has a longer history than Miranda rights. Surprisingly, the rule is unique to courts of the United States. In other jurisdictions, such as Canada, witnesses may be compelled under threat of contempt to answer questions even when their answers would incriminate the witness in a criminal offence. However, in other jurisdictions, such statements given under compulsion of subpoena cannot be used as evidence against that person (which is not the case in the United States). It is to be noted that the American system has the benefit of not exposing the witness to the risk that law enforcement will be able to obtain collateral evidence based on the witness's testimony that they could not possibly have learned had the witness been allowed to remain silent. The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ... In law and in religion, testimony is a solemn attestation as to the truth of a matter. ... An oath (from Saxon eoth) is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually a god, as a witness to the binding nature of the promise or the truth of the statement of fact. ... A Congressional committee in the parlance of the United States Congress and politics of the United States is a legislative sub-organization that handles a specific duty (rather than the general duties of Congress, i. ... This article is about witnesses in law courts. ... Common stereotype of a criminal A crime in a broad sense is an act that violates a political or moral law. ... The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... A bill of rights is a statement of certain rights that citizens and/or residents of a free and democratic society have (or ought to have) under the laws of that society. ... The Miranda warning is given by police in the United States to suspects whom they have arrested and intend to question. ...

Witnesses may not refuse to answer questions on the grounds that their answers may reveal matters that may incriminate other persons. Unless the person's answers would incriminate themselves, a witness may not refuse to answer any relevant question put to them.

As federal grand juries have the power to subpoena the defendant and force them to take the witness stand, defendants in such proceedings invariably refuse to answer any questions put to them, citing their Fifth Amendment rights. However, it should be noted that if the defendant does answer any question put by the prosecutor during the proceeding, the right to invoke the Fifth Amendment is lost. A grand jury is a type of common law jury; responsible for investigating alleged crimes, examining evidence, and issuing indictments. ...

One of the most famous examples of "taking the fifth" in recent history was when Colonel Oliver North was asked to testify before Congress regarding his role in destroying documents during the Iran-Contra Affair. North refused to answer on the grounds that his answers would incriminate him for obstruction of justice. Oliver North Lieutenant-Colonel Oliver Laurence North (USMC-Retired) (b. ... A Time Magazine cover of Oliver Norths testifying in front of the U.S. Congress In the Iran-Contra Affair (1985-1986) (also known as Irangate), United States President Ronald Reagans administration was involved in the sale of arms to Iran, which was engaged in a bloody war... Obstruction of justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...