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 ?
661, 672 (1897), that the double jeopardy clause of the Constitution would not prohibit a criminal prosecution of a witness for contempt of Congress after he had been tried at the bar of the House under the inherent contempt power, subsequent developments in the interpretation of the double jeopardy clause suggest that this aspect of the Chapman decision is no longer good law.
Mr Taylor said the three accused men were so alarmed at the prospect of facing an unsympathetic US jury - Enron was based in Texas and thousands of workers lost their pensions - that their lawyers are now trying to persuade the UK authorities to mount a prosecution in England, which would provide a get-out under the double jeopardy clause of the agreement.
Yet the principle underlying the Double Jeopardy Clause is that it's unfair to be punished twice for the same offense or to be prosecuted a second time because the government didn't like the result of the first trial.
The double jeopardy clause of the Fifth Amendment states that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb.
The court also held that the statute requiring the Bureau of notify authorities when a sex offender was about to be released did not violate the Double Jeopardy Clause, because Congress intended the statute to be remedial by serving law enforcement and protecting the public, rather than punitive.
The Double Jeopardy Clause protects criminal defendants from most government appeals of acquittals, even where "the acquittal was based upon an egregiously erroneous foundation.
The Double Jeopardy Clause of the federal Constitution provides: ".
According to Thomas, "the Double Jeopardy Clause contains no substantive limits on the legislative prerogative" [23].
5) In the international realm, this prohibition is cited as the maxim non bis in idem(6) and is the international equivalent to the protection provided by the Double Jeopardy Clause of the Fifth Amendment.
The additional level of state action is sufficient to trigger the protections of both the Excessive Fines Clause(113) and the Double Jeopardy Clause.
The California Supreme Court reversed, holding the double jeopardy clause does not apply to noncapital sentencing proceedings.