Fifth Amendment

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Fifth Amendment

n.
An amendment to the US Constitution that provides for due process of law where the government is seeking to deprive a person of life, liberty, or property; provides for Grand Jury proceedings for certain serious offenses; prohibits the government from trying a person again after that person has been acquitted; prohibits the government from forcing a defendant to testify against himself or herself; and prohibits government confiscation of private property for public use without just compensation to the property owner.

Fifth Amendment

n
1. an amendment to the US Constitution stating that no person may be compelled to testify against himself and that no person may be tried for a second time on a charge for which he has already been acquitted
2. (Law) take the fifth take the fifth amendment US to refuse to answer a question on the grounds that it might incriminate oneself

Fifth′ Amend′ment


n.
an amendment to the U.S. Constitution, providing chiefly that no person be required to testify against himself or herself in a criminal case or be subjected to double jeopardy.

Fifth Amendment

An amendment to the United States Constitution establishing that, among other things, no person can be compelled to testify against himself or herself.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.Fifth Amendment - an amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes; mandates due process of law and prohibits self-incrimination and double jeopardy; requires just compensation if private property is taken for public use
Bill of Rights - a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
References in periodicals archive ?
petitioners under the Double Jeopardy Clause out of concern that doing
The current state of the law will not justify me concluding" that the double jeopardy clause would bar reprosecution, Walton said.
Similar puzzles plague the legal scholar seeking to discern the meaning of the Double Jeopardy Clause.
He currently has two petitions for certiorari pending before the Supreme Court, in cases involving the Commerce Clause and the Double Jeopardy Clause.
The Double Jeopardy Clause provides three types of protection:
Constitution, and known as Double Jeopardy clause, a person cannot be tried on the same charges following a legitimate acquittal or conviction.
While it is easy to attack such an outcome as academically dishonest and against both the letter and the spirit of the Double Jeopardy Clause, it is difficult to ignore a civilized nation across the ocean such as the United Kingdom being able to retry the "acquitted but actually guilty" without having to resort to such measures.
89) Under Grady, the Double Jeopardy Clause "bars any subsequent prosecution in which the government, to establish an essential element of an offense charged in that prosecution, will prove conduct that constitutes an offense for which the defendant has already been prosecuted.
Crucial evidence then turned up; in fact, he admitted killing her, but the Double Jeopardy clause prevented his being tried twice for the same crime.
127) Their argument focused on the proposition that non bis in idem should apply as an international fight even absent a treaty that also provided a scope of protections broad enough to nullify the dual sovereignties exception to the Double Jeopardy Clause.
international double jeopardy clause in a convention dealing with
Because of the double jeopardy clause of the Constitution ("nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb"), once a jury has returned a verdict of not guilty, the prosecutor is prohibited from bringing the defendant to trial a second time or even asking the court of appeals to consider the errors that were made at trial.