Taking the Fifth Sweeps
the Criminal Nation
In: “It’s my right not to testify.” Out: “I did it.”  
BY IVAN NACUTCHACOKOV Salt Lake City, Utah

LOCHSEN BAGEL Non-talking alleged criminal about to get a royal talking-to.

Criminals are usually the last ones to be on the front of a trend-setting movement, being sheltered away in their underworld subculture or prison. But the hippest of hip are entirely accused criminals, and most have latched on to a new fad—invoking the Fifth Amendment.

Popularized by the wave of Enron and Arthur Andersen officials taking the Fifth in front of the current Congressional probe, “Fifthing”—as those in the know are calling it now—has become the fashionable way to respond to charges. Fifthing has long been the preferred manner of defense for white collar suspects and political figures undergoing questioning, but lately it’s extending far beyond.

“Nearly 30 of our suspects in questioning have taken the Fifth Amendment this week,” said New York City police sergeant Michael Rosen. “Ranging from domestic abuse cases to drug trafficking and murder suspects. It’s a popular defense right now.”

“I am invoking my Fifth Amendment rights against self-incrimination,” said alleged murderer Ricky “Bollweevil” Hines to three detectives questioning him. Hines was found with a bloody axe in the apartment of a hooker, who was found dismembered and clearly labeled by body parts in her own freezer. Charged with the murder, Hines appeared disappointed and could only shake his head, adding, “I hope that after making the agonizing decision to take the Fifth, it doesn’t appear to others like I am guilty of the crime I’ve been accused of.”

“The Fifth Amendment is there to protect the innocent man against self-incrimination,” said accused shoplifter Boot Martin. “Perhaps a few weeks ago I would have reacted differently to the charges against me, but after much soul-searching and consideration, I am taking the advice of counsel and Fifthing—I mean, invoking my rights according to the Constitution. I will not incriminate myself. Let the eyewitnesses and that lousy videotape do it.”

“It really doesn’t change much,” said Law Professor Dershall Alanowitz. “Either you confess or you plead not guilty. Most of the time the accused doesn’t elect to take the stand against themselves or anything, no surprise there. Kenneth Lay just took an old hat and gave it a cool new feather.”

Much of the buzz surrounding the Fifth Amendment comes from the Enron hearings and the parade of Enron officials, most notably former Enron CEO Kenneth Lay, who all took the Fifth rather than answer questions from senators on the committee. Lay, once finished delivering a practiced speech declining to answer questions and announcing he’d invoke the Fifth Amendment, was then subject to harsh insults and jibes by the Congressional Committee. Sen. Ernest Hollings (D., South Carolina) implied Lay’s tie was purchased cheap at a K-Mart sidewalk sale. While Sen. John McCain (R., Arizona) stated Lay should be tried for crimes against humanity for his shoes alone.

Like most fads, criminologists and law experts believe it will pass quickly.

“Before too long,” said Professor Alanowitz, “criminals will be back to confessing and telling their stories at length, for movies of the week and hot tell-all books. And Fifthing will be as out of date as Ken Lay’s suit. Did you see that number? Ike called, he wants his burial wear back.”

the commune news is only too happy to incriminate itself, and invites you along for the ride. Ivan Nacutchacokov wants everyone to know the musical he’s writing about his life is coming along fabulously, except for the music part, and the words could use a little work.