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Fifth Amendment
(redirected from Self-Incrimination Clause)

   Also found in: Legal, Wikipedia 0.01 sec.
Fifth Amendment
n.
An amendment to the Constitution of the United States, ratified in 1791, that deals with the rights of accused criminals by providing for due process of law, forbidding double jeopardy, and stating that no person may be forced to testify as a witness against himself or herself.

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
(Law)
take the fifth (amendment) US to refuse to answer a question on the grounds that it might incriminate oneself
ThesaurusLegend:  Synonyms Related Words Antonyms
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"


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According to the Supreme Court, the Miranda doctrine rests on the recognition that the same kind of "cruel dilemma" the Self-Incrimination Clause was enacted to prohibit can exist even when an individual is questioned outside the sworn-testimony context.
The Supreme Court held that compulsive questioning alone, unrelated to a criminal case, does not violate the Fifth Amendment self-incrimination clause.
Justices Kennedy, Stevens and Ginsburg strongly disagreed with the majority, writing, ``Our cases and our legal tradition establish that the self-incrimination clause is a substantive constraint on the conduct of government, not merely an evidentiary rule governing the work of the courts.
 
 
 
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