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That is one of the protections afforded in the 5th Amendment to the US Constitution; == 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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What does taking the fifth mean?
Invoking the Fifth Amendment of the Constitution, which provides protection from self-incrimination. It means you do not have to answer a question, if you feel it may incriminate (make you appear guilty) you.
What does taking the 5th mean?
"Taking the fifth" or "pleading the fifth" means invoking the protection of the Fifth Amendment to the U.S. Constitution--the one that guarantees us the right not to incriminate ourselves. As a witness on the witness stand in court, you can refuse to answer a question if you think the answer might put you in a bad spot with respect to the law. The Wikipedia article on the Fith Amendment (link below) says this: "The Fifth Amendment protects witnesses from being forced to incriminate themselves. To 'plead the fifth' is a refusal to answer a question because the response could form self incriminating evidence."
What amendment to the US Constitution protects citizens from self-incrimination?
The Fifth Amendment to the US Constitution protects the individual against self-incrimination. The government cannot force you to testify against yourself in any case for which you might be criminally charged.
The idea that people cannot be forced to testify against themselves is called protection against?
They are protected from perjuring themselves. You have the right to plead the 5th amendment so that this doesn't happen.
Beliefs did the platt amendment violate?
all people should have the right of self-determination
Can a judge or investigatory body refuse to accept a witness fifth amendment self incrimination claim?
No, they can not. That is what the Fifth Amendment is all about, you can not be forced to incriminate yourself.
Involuntary confessions get prohibited by which amendment?
Involuntary confessions are prohibited by the Fifth Amendment of the United States Constitution. This amendment protects individuals from being compelled to incriminate themselves in criminal proceedings. It guarantees the right against self-incrimination and ensures that individuals cannot be forced to provide evidence or testimony against their own interests.
What amendment contains a clause that protects those on trial from being compelled to incriminate themselves in court?
The fifth amendment guarantees against self incrimination. Unless a suspect agrees to the questioning, their comments cannot be used in court. The supreme court set a precedent enforcing this in 1966.
What does taking the fifth mean?
Invoking the Fifth Amendment of the Constitution, which provides protection from self-incrimination. It means you do not have to answer a question, if you feel it may incriminate (make you appear guilty) you.
What does Take the fifth?
Invoking the Fifth Amendment of the Constitution, which provides protection from self-incrimination. It means you do not have to answer a question, if you feel it may incriminate (make you appear guilty) you.
What is the definition of waiving the fifth?
When you testify on your own defense. You have the right not to testify under the 5th amendment. The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the fifth" is a refusal to answer a question because the response could form self incriminating evidence. http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution
What does taking the 5th mean?
"Taking the fifth" or "pleading the fifth" means invoking the protection of the Fifth Amendment to the U.S. Constitution--the one that guarantees us the right not to incriminate ourselves. As a witness on the witness stand in court, you can refuse to answer a question if you think the answer might put you in a bad spot with respect to the law. The Wikipedia article on the Fith Amendment (link below) says this: "The Fifth Amendment protects witnesses from being forced to incriminate themselves. To 'plead the fifth' is a refusal to answer a question because the response could form self incriminating evidence."
Must I testify against an ex-spouse?
Yes, the marital exemption no longer applies. However, if it would tend to incriminate YOU, you may refuse to testify under the 5th Amendment (self incrimination clause) of the Constitution.
Who may be forced to testify against himself?
Yes. This is known as the prohibition against self-incrimination or the right to silence. In the US legal system this is a right guaranteed by the Fifth Amendment."Taking the fifth" means refusing to answer a question on the basis that you may incriminate yourself. It is illegal to convict someone for a crime on the basis that they refuse to testify against themselves.
The Miranda stipulation requiring that accused persons be told they have the right to remain silent refers to basic Constitutional rights granted by the what Amendment?
Guards against self-incrimination were included in the Fourteenth Amendment to the Constitutional and called for the elimination of brutal police tactics to extract confessions. While several states adopted the right to not self-incriminate in their state constitutions,
Which amendment allows people to refuse answering on the grounds of self incrimination?
The Fifth Amendment says that the accused "shall [not] be compelled in any criminal case to be a witness against himself." This has been extended to allow someone to refuse to answer incriminating questions in any court proceeding. However, the questions must be incriminating. The Fifth Amendment does not provide any protection if you simply do not want to testify, or if testifying would incriminate a friend or family member. You can still be held in contempt and jailed for refusing to testify in those situations.
What amendment prohibits self-incrimination?
The 5th amendment protects against self-incrimination. It doesn't prohibit it, because you can choose to allow yourself to be questioned. It does make sure you can choose not to speak in a situation where you might be inclined to say things you will regret.
