Stock Legal Phrases: Difference between revisions

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** Habeas corpus is a ''right'' of all imprisoned citizens, and designed to give them a chance of representation, so that the government cannot imprison people indefinitely. You ''always'' have the right to your day in court, no matter what anyone says. At least in the US. And as long as you're not an enemy combatant...
* "Has the jury reached a verdict?" ("We have, Your Honor.") ("What say you?")
* "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://laws.justice.gc.ca/eng/charter/page-1.html It's the "eleventh" there].
*:* Oddly it pops up in ''[[Persona 4]]'', as an arguable [[Translation Convention]] for the equivalent protection against self incrimination in Japan.
** Parodied in an [[Xkcd]] strip where Black Hat Guy pleads the ''third'' amendment [http://xkcd.com/496/ during a congressional hearing.]
{{quote|"You refuse to quarter troops in your house?"
"I have few principles, but I stick by them." }}
* "I rest my case." (The prosecution or defense believes they have adequately presented their arguments and examined necessary witnesses. Basically, they're done.)
** Note that when the prosecution rests, they still have the option of rebuttal testimony after the defense rests, so they're not really ''done''. However, when the defense rests, they are definitively done (except for cross-examination of rebuttal witnesses).