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You have the right to remain silent. You do not have to answer any question without an attorney present. It is a misconception that a person giving testimony can "plead the 5th" at anytime. In general, a person does not have to give testimony that may be self-incriminatory. In other situations, a person taking the 5th can be charged with obstruction of justice, contempt of court and so forth. Both above answers are accurate, but I wanted to add another little twist on this subject A person can be forced to give testimony even if it is self-incriminating, if the government gives that person immunity from prosecution for matters related to the issue. Once an issue is no longer "incriminating" the prohibition of making some testify against himself no longer applies, by simple definition. This way, for example in a criminal conspiracy like organized crime, prosecutors can force persons to testify to self-incriminating acts when it wants to get to Mr. Big through the little guys. Once the government removes the incriminating nature of the testimony, the privelege against self-incrimnation is also removed.
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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
When does a man plead the fifth in dealing with women?
While many people say they "take the fifth" when they don't want to answer a question, it is simply a figure of speech. The fifth amendment prevents people from being forced to give evidence of their own criminal acts.
What does it mean to take the fifth?
The Fifth Amendment of the United States Constitution states that a person may not be forced to incriminate himself . To take the fifth, means that you want to use that right. Taking the fifth, may not be used as an admission of guilt.
What does you pleed the fifth mean?
It is an legal term in the USA. That covers citizens in the USA. The fifth (5) reefer to the Fifth Amendment to the American Constitution. It states that 'you can not be forced to give incriminating (damaging) evidence against yourself'. So if a person is asked a question that will be damaging to themselves they can just state that "I plead the Fifth Amendment and will not answer that question" Usually this means, and everybody knows this, that the person has something to hide and that in it self is damaging, but the person did not tell a lie and can there for not be charged with perjury (lying under oath) which is an offense punishable with prison time. Answer Pleading the fifth is a reference to the Fifth Amendment. Making such a plea means that you refuse to answer the question on the ground that your answer might incriminate you. If you choose to take the fifth upon questioning by an opposing party, just know that you will probably have to take the fifth for every question you are asked. Also know that just because you plead the fifth, it doesn't mean that you cannot be found guilty by some other means. Finally, if you plead the fifth in some non-criminal matter, that protection may be absolute. For example, in the State of Georgia, if you take the fifth on a question in a divorce case, the judge can assume the answer is "yes, I'm guilty of what you're asking me."
Can a witness take the fifth amendment if they have been prosecuted criminally?
Yes, in fact the fifth amendment only applies to the court system. Unless you take the stand (in which you waive your fifth amendment right) you can not be called to testify. If you've waived that right you don't get it back during that hearing.
What does it mean to plead the Fifth Amendment?
When a witness or defendant testifies under oath and doesn't want to answer a specific question because doing so might be incriminating, he or she might respond with "I plead the fifth" or "I take the fifth" or "I refuse to answer on the grounds that this may incriminate me."
Is there a need to revise the fifth amendment?
How many more amendments will it take? Aren't five enough? If we revise the fifth amendment will it be the sixth amendment? What will then be the fifth amendment? The fourth? Let's just stick with the fifth amendment we've got. That's what I say. Second opinion: The fifth amendment is fine just the way it is, and the way it has been interpreted under Miranda. If you think it should be revised, contact your congressman/woman or senator and ask that it be changed. p.s. There are 27 amendments right now. If the fifth amendment were changed, it would become the 28th.
What does you take the fifth mean?
It means you're invoking your right to not give evidence against your self, which is guaranteed by the fifth amendment to the constitution.
Which amendment states that the government cannot take private property for public use unless it pays the owner for the property?
the fifth amendment
Which amendment grew out of an old complaint against the birtish who had forced the colonist to take soldiers into the homes during and?
The third amendment, ratified 1791.
Why was amendment 5 written?
It, in addition to several other amendments, was designed to insure that American citizens were guaranteed the right to due process in a court of law. The fifth amendment was specifically written to prevent citizens on trial from being forced to testify against themselves. This amendment is featured prominently in many films and television shows, leading to the common expression "I'll take the fifth" entering popular culture, an admission that someone knows something but doesn't want to share it.
What does the fifth amandment mean?
The fifth amendment entitles you to not say anything about something you have just been arrested for. Many emotions prevail when you have just been accused of something - even as far as admitting you have doen something when you haven't. This amendment is to protect you until you calm down and are thinking straight. Of course you can waive your 'amanda rights' but they will be taken into consideration should your case go to court. Take my advice - use your fifth amendment wisely!
