Difference between revisions of "Fifth Amendment"

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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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The '''Fifth Amendment''' to the [[United States Constitution]] states:
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{{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 [[martial law|public danger]]; nor shall any person be subject for the [[double jeopardy|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 [[private property|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. [[Public school values|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>
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In a decision in July 2023 by the [[Arizona]] Court of Appeals, it held that answering some questions does not waive the Fifth Amendment right to decline to answer others.<ref>https://tucson.com/news/state-regional/crime-courts/arizona-appeals-court-rules-the-right-to-remain-silent-is-absolute/article_34196332-2e5e-11ee-95e1-6f8a51e5edac.html?utm_source=tucson.com&utm_campaign=%2Fnewsletter-templates%2Fnews-alert&utm_medium=PostUp&lctg=3758824&tn_email_eh1=3149f36320f0e64ca2e6cbe50eb780fea839a310</ref>  But waiver of this right might still be found in other jurisdictions when a defendant answers or testifies in any way.
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{{US amendments}}
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==See also==
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* [[Privacy]]
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* [[Police state]]
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* [[Nanny State]]
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* [[Eminent domain]]
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* [[Martial law]]
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* [[Militia]]
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* [[Double jeopardy]]
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* [[Oath Keepers]]
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* [[Oath]]
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* [[5 U.S.C. § 3331|Oath for federal officials]]
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* [[28 U.S.C. § 453|Oath for federal judges]]
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==References==
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<references/>
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==External links==
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*[https://www.redstate.com/stories/law/what_fifth_amendment What Fifth Amendment?], [[Pejman Yousefzadeh]], ''[[RedState]]'', Accessed March 27, 2014
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* https://www.youtube.com/results?search_query=don't%20talk%20to%20police&sm=1
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* https://www.youtube.com/watch?v=6wXkI4t7nuc - An law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the [[police]]
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[[Category:Bill of Rights]]
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[[Category:United States Constitution]]
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[[Category:Fifth Amendment]]

Latest revision as of 00:00, July 31, 2023

The Fifth Amendment to the United States Constitution states:

“ 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. ”

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.[1]

In a decision in July 2023 by the Arizona Court of Appeals, it held that answering some questions does not waive the Fifth Amendment right to decline to answer others.[2] But waiver of this right might still be found in other jurisdictions when a defendant answers or testifies in any way.

Amendments to the Constitution of the United States of America
16th Amendment.jpg

Bill of Rights:
1 - Freedom of speech, press, religion, etc.
2 - Right to bear arms
3 - Quartering of soldiers
4 - Warrants
5 - Due process
6 - Right to a speedy trial
7 - Right by trial of a jury
8 - No cruel or unusual punishments
9 - Unenumerated rights
10 - Power to the people and states

11 - Immunity of states to foreign suits
12 - Revision of presidential election procedures
13 - Abolition of slavery
14 - Citizenship
15 - Racial suffrage
16 - Federal income tax
17 - Direct election of the United States Senate
18 - Prohibition of alcohol
19 - Women's suffrage
20 - Terms of the presidency
21 - Repeal of Eighteenth Amendment
22 - Limits the president to two terms
23 - District of Columbia Voting for President
24 - Prohibition of poll taxes
25 - Presidential disabilities
26 - Voting age lowered to 18
27 - Variance of congressional compensation


See also


References

  1. ↑ "[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
  2. ↑ https://tucson.com/news/state-regional/crime-courts/arizona-appeals-court-rules-the-right-to-remain-silent-is-absolute/article_34196332-2e5e-11ee-95e1-6f8a51e5edac.html?utm_source=tucson.com&utm_campaign=%2Fnewsletter-templates%2Fnews-alert&utm_medium=PostUp&lctg=3758824&tn_email_eh1=3149f36320f0e64ca2e6cbe50eb780fea839a310

External links

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