| − | | + | {{cquote|'''No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a [[grand jury]], except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without [[due process]] of law; nor shall [[private property]] be taken for public use, without just compensation.'''}} |
| − | "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a [[grand jury]], except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without [[due process]] of law; nor shall [[private property]] be taken for public use, without just compensation."
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| | This amendment is typically associated with criminal trials where witnesses "plead the 5th" to invoke their right to avoid self-incrimination during questioning. It is erroneously believed by many that only guilty people would plead the 5th. In fact, this amendment was crafted in part to protect the innocent.<ref>"[W]e have emphasized that one of the Fifth Amendment's "basic functions ... is to protect innocent men ... 'who otherwise might be ensnared by ambiguous circumstances.' " Grunewald v. United States, 353 U. S. 391, 421 (1957) (quoting Slochower v. Board of Higher Ed. of New York City, 350 U. S. 551, 557-558 (1956)) (emphasis in original). In Grunewald, we recognized that truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker's own mouth. 353 U. S., at 421-422." OHIO v. MATTHEW REINER, No. 00-1028. Decided March 19, 2001. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=00-1028</ref> | | This amendment is typically associated with criminal trials where witnesses "plead the 5th" to invoke their right to avoid self-incrimination during questioning. It is erroneously believed by many that only guilty people would plead the 5th. In fact, this amendment was crafted in part to protect the innocent.<ref>"[W]e have emphasized that one of the Fifth Amendment's "basic functions ... is to protect innocent men ... 'who otherwise might be ensnared by ambiguous circumstances.' " Grunewald v. United States, 353 U. S. 391, 421 (1957) (quoting Slochower v. Board of Higher Ed. of New York City, 350 U. S. 551, 557-558 (1956)) (emphasis in original). In Grunewald, we recognized that truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker's own mouth. 353 U. S., at 421-422." OHIO v. MATTHEW REINER, No. 00-1028. Decided March 19, 2001. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=00-1028</ref> |