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Can anybody explain what is the meaning of "Fifth Amendment" and what people mean when they say "I take Fifth Amendment"?

By Alidaas Asked Jul 8 2007 12:07PM
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Top Answer out of 6

by An Educated Optimist on Jul 8, 2007 at 1:12 pm Permalink

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The Fifth Amendment of the Constitution concerns the rules of trial. It states, for example, that you cannot be tried twice for the same crime (the "double jeopardy" rule), and the self-incrimination rule. This last one is the one usually referenced when people "plead the Fifth" or "take the Fifth." This rule states that a person cannot be required to testify against himself or to make statements that might incriminate him. This is why a person may choose not to take the stand in his own trial, for example.

When a person uses this expression in a casual context, he is saying that he refuses to answer because his answer might get him in trouble. For example, I might ask my fiance how I look in a new outfit. If he takes the fifth, it's because he doesn't like it but doesn't want me mad at him. Ditto when he asks me how much I spent on a haircut. :-)
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Avatar Alidaas Jul, 08 2007 at 02:15 PM
Thanks for such an easy to understand answer. Appreciate it.
Avatar rodschmidt Nov, 23 2007 at 02:56 PM
Is it true that anything the kids write as a part of their homework, and turn in to the government school teacher, can be used against them in a court of law? (I've heard that this has in fact happened.) Doesn't that mean that mandatory homework violates the Fifth Amendment?

Answer 2 out of 6

by -Freedom Issues- Minnesota nice on Feb 15, 2009 at 3:34 pm Permalink

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You don't have to incrimiate youself.
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Answer 3 out of 6

by Anonymous on Aug 1, 2009 at 12:28 pm Permalink

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Simply put, the Fifth Amendment means that an accused cannot be forced to testify against himself in any court of law.
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Answer 4 out of 6

by daemonelson on Jul 9, 2009 at 11:45 pm Permalink

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They refuse to answer on the grounds that what they say may incriminate themselves or others.

Lots of fun.
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Answer 5 out of 6

by Bugs-Bunny on Jul 9, 2009 at 11:41 pm Permalink

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Very simply, it usually means that you do not have to say something that will get yourself in trouble.

So if you were a witness in a trial and were asked by the prosecution "did you steal the car?", you are not legally required to answer the question if the answer will incriminate yourself. You can therefore "take the 5th" and legally refuse to answer the question.

There are other implciations of the 5th ammendment, but that is the jest of it in terms of general speech.
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Answer 6 out of 6

by Anonymous on Feb 15, 2009 at 3:33 pm Permalink

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can my daughter take the fifth in a trail against me her mother
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