Stock Legal Phrases: Difference between revisions

{{tropeUseful Notes}}

[[File:medium_phoenix_wright_objection_medium phoenix wright objection .gif|frame|link=Phoenix Wright: Ace Attorney]]

'''Judge''': Guards, shuffle awkwardly with that man!|''[[Gag Dub|The Olden Days]]''}}

** The United States introduced "affirming" in the 1780s to answer the objections of those whose religious convictions<ref>For instance, as gospel "But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil" (Matthew 5:37), reiterated as "But above all, my brethren, do not swear, either by heaven or by earth or with any other oath. But let your "Yes" be "Yes," and your "No," "No," lest you fall into judgement" (James 5:12)</ref> wouldn't let them say the "God" part or swear on [[The Bible]]. <ref>Before this, it wouldn't be a stretch that anyone who ''wouldn't'' swear on a Bible [[Burn the Witch|might find themselves tied to a flaming piece of wood]].</ref>

* "I plead/take the Fifth." This refers to the 5th Amendment to the U.S. Constitution, specifically the provision that no person "shall be compelled in any criminal case to be a witness against himself." Also heard as "I hereby invoke my Fifth Amendment privilege" or "I refuse to answer on the ground it may tend to incriminate me." Technically, a jury is not supposed to regard taking the Fifth in any prejudicial light, but human nature being what it is, it's impossible to make sure that they follow that. Often subvertedparodied by people yelling the incorrect amendment.

**: This one is rarely seen in [[Real Life]] courts, as the defendant doesn't have to testify and the prosecution is not allowed to suggest they should. However, if you do agree to testify, then you are open to all questions. Therefore, only a witness would say such a thing and it is rather rare to have a witness being asked questions that they might not need to answer. This is most often seen when answering questions in front of Congress, as they put you in the chair and have you say this just so the Congressperson can grandstand about how guilty you must be.

***: Or, of course, if one of the witnesses ''other'' than the defendant was a party to the crime, or committed some other crime that comes up during cross-examination. However, considering the extent of the pre-trial preparation these days, any ''competent'' lawyer (on both sides) will avoid any such question. Unless it ''might'' help the defense, but at that point the prosecution will likely avoid calling the witness (and the rules for the defense calling a witness makes it a little more difficult for them to ask such a question).

*:* Some people apparently try to 'take the fifth' in Canada, forgetting that it's a ''different country''. [http[wikipedia://laws.justice.gc.ca/eng/charter/page-1.htmlSection 13 of the Canadian Charter of Rights and Freedoms|It's right in the "eleventh"base Constitution there, not in any amendment]].

*:* Oddly it pops up in ''[[Persona 4]]'', as an arguable [[Translation Convention]] for the equivalent protection against self incrimination in Japan.

*** In most cases in [[Real Life]], simply saying "withdrawn" isn't enough.; Youyou could be subject to penalties or fines. If you have a reputation for constantly making inflammatory statements (see [[Law and Order|Jack McCoy]]), you won't have any leeway at all, and you're likely to hurt your case by trying to pull this off. You'll also push yourself closer and closer to mistrial with each offense.