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If you take the fifth amendment can you be forced to answer question?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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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 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.
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.
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 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.
Which amendment describes who will take the place of the president if he is no longer to perform the duties?
Amendment 25 sets rules for temporarily giving the vice-president the powers of the President, both by request of the President and involuntarily . It also gives a process for restoring the president's powers. (The main body of the Constitution makes the vice-president the president if the president dies or resigns.)
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!
When can the government take private property and what must the government give the owners which amendment established this?
when the gov't plans on using the land for public use, they must give the owner just compensation for it, and it came from the fifth amendment.
When can the government take private property and what must government give the owner Which amendment established this?
when the gov't plans on using the land for public use, they must give the owner just compensation for it, and it came from the fifth amendment.
