Last modified on July 31, 2023, at 00:00

Fifth Amendment

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