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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."

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13y ago
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10y ago

The Fifth Amendment to the Constitution of the United States 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 offence 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.

To "take the fifth" means to invoke your right not to be a witness against yourself; if you fear that your answer to a question would implicate you in a crime, you can refuse to answer the question.

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Q: Which of these means the same as taking the Fifth Amendment?
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Continue Learning about American Government

Which amendment guarantees that a person cannot be tried twice for the same crime?

The 5th Amendment - prohibits double jeapordy.


What are facts about the 5th amendement?

the fifth amendment means no person shall be forced to speak upon a case without volunteering and any person can not be subject for the same crime twice.


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.


Which amendment guarantees your right not to be a witness against yourself?

The Fifth Amendment says that a person does not have to testify against himself. 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.


Which amendment Protects the rights of the accused?

The Fifth, Sixth, and Eighth Amendments protect the rights of the accused directly. The Fifth guarantees the right to a grand jury, prohibits double jeopardy (two prosecutions for the same offense), protects against self-incrimination (you don't have to testify against yourself), and guarantees due process of law. The Sixth guarantees a speedy and public trial, trial by an impartial jury, confrontation of witnesses, and right to counsel (and a few other things not frequently cited). The Eighth prohibits cruel and unusual punishments, and also excessive bail. Additionally, two other Amendments apply to accused persons indirectly: The Fourteenth Amendment applies the Bill of Rights to the States (for the most part). The Fourth Amendment controls how the police may gather evidence.

Related questions

What amendment trying someone twice for the same crime is illegal?

its the fifth amendment, double jeopardy!!!!!!!!!!!!!!!!


What amendment says someone cannot be retried?

I am not sure what amendment it is in, but I do know what it is called. It is call Double Jeopardy. This concept, as you said, means that a person, if found NOT GUILTY for a crime, can't be tried for that same felony.


What Amendment protects you from being tried for the same crime again?

Fifth Amendment (Study Island)


Is taking the fifth the same as general consent?

No


What else does the Fifth Amendment protect people against?

the fifth amendment protects us from abuse of the government authority in a legal procedure.


Which amendment states that you can't be tried for the same crime twice?

The 5th amendment


Which amendment protects people from being tried twice for the same reason?

fifth


The Fifth Amendment says that no one can be tried twice for the same crime on the same evidence This is called?

Double jeopardy.


Which amendment guarantees that a person cannot be tried twice for the same crime?

The 5th Amendment - prohibits double jeapordy.


Which of these terms is used to indicate the Fifth Amendment right to not be tried twice for the same crime?

Double jeopardy


What are facts about the 5th amendement?

the fifth amendment means no person shall be forced to speak upon a case without volunteering and any person can not be subject for the same crime twice.


What does the fifth amendment ban?

The 5th Amendment bans being tried for the same criminal offense twice, self-incrimination, and the denial of due process.