Thursday, March 23, 2017

The Fifth Amendment

Fifth Amendment to the United States Constitution

Amendment guaranteeing certain rights related to trials and due process
The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and protects a person from being compelled to be a witness against themselves in a criminal case. "Pleading the Fifth" is a colloquial term for invoking the right that allows a witness to decline to answer questions where the answers might incriminate him, and generally without having to suffer a penalty for asserting their right. A defendant cannot be compelled to become a witness at his own trial. If, however, they choose to testify, they are not entitled to their right, and inferences can be drawn from a refusal to answer a question during cross-examination. The Amendment requires that felonies be tried only upon indictment by a grand jury. Federal grand juries can force people to take the witness stand, but defendants in those proceedings have Fifth Amendment privileges until they choose to answer any question. To claim the privilege for failure to answer when being interviewed by police, the interviewee must have explicitly invoked the constitutional right when declining to answer questions.
The Amendment's Double Jeopardy Clause provides the right to be tried only once in federal court for the same offense. The Amendment also has a Due Process Clause (similar to the one in the 14th Amendment) as well as an implied equal protection requirement (Bolling v. Sharpe). Finally, the Amendment requires that the power of eminent domain be coupled with "just compensation" for those whose property is taken.

Text

Infamous crime

Grand jury

Double jeopardy

Self-incrimination

Due process

Takings clause

See also

References

Further reading

External links

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