i googled it but all i found was stuff for alberto gonzalas...and for this assignment i don't need to know about him. i just need a basic definition.
2007-05-21 13:48:01 · 11 answers · asked by TeddyGram 2 in Politics & Government ➔ Law & Ethics
and concurrent powers
2007-05-21 13:55:08 · update #1
the 5th amendment
"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."
Basically:
The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is a refusal to answer a question because the response could form self incriminating evidence.
2007-05-21 13:54:35 · answer #1 · answered by Anonymous · 2⤊ 0⤋
One usually "pleads the fifth" often referenced in movies and such. It refers to invoking your rights under the fifth amendment. The fifth amedment holds "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."
The portion your assignment is most interested in is probably the following phrase, "nor shall be compelled in any criminal case to be a witness against himself". This holds that in a criminal trial (not civil trials) you have the right not to bear witnesses against yourself. For example, if you are on trial for a murder the judge cannot compel you to testify on your own behalf. You may choose to if you wish...more than likely if you committed the murder you would not wish to own up to it but this right is not intended to protect those who are guilty...it's intended to protect those who are innocent and might incriminate themselves in some way unknowingly. Just because you do not testify does not mean you are guilty as some people may say things that might make a jury believe they are guilty even when they are not. For example, perhaps you did not murder someone but you feel no remorse that this person is dead, maybe you are pleased about it. Showing such feeling to a grand jury might make them think you are guilty and thus it would be better for you not to testify. For this reason and many more we have the protection of this law. This law is also the basis for the Miranda rights...which the police read to you upon your arrest (you'll know what I'm talking about if you have ever read cops). Hope that helps.
Use the following website for more help with your assignment. P.S. All the stuff on Alberto gonzales has to do with the fact that he wishes to invoke using this right to protect his actions while he was in a political office which is challenging our know use of this law as it has applied in the past. Political officials are not always subject to the same laws due to their political status and the need for the public to hold such officials accountable for their actions.
2007-05-21 21:12:22 · answer #2 · answered by Jazzel 2 · 1⤊ 0⤋
The 5th amendment to the US Constitution states in part "nor shall any person ... be compelled in any criminal case to be a witness against himself". Invoking the 5th usually refers to refusing to answer questions on the grounds that doing so would amount to being a witness against yourself.
2007-05-21 21:50:51 · answer #3 · answered by STEVEN F 7 · 1⤊ 0⤋
The 5th amendment protects you from having to give self incriminating evidence.
In other words, you do not have to answer a question if doing so would basically be a confession to a crime or implicate you in a crime.
2007-05-21 20:52:37 · answer #4 · answered by afreshpath_admin 6 · 3⤊ 0⤋
Trial and Punishment, Compensation for Takings
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.
2007-05-21 21:11:14 · answer #5 · answered by SDC 5 · 1⤊ 0⤋
Get on wikipedia and look up the constitution. Read the 5th amendment.
Basically pleading the 5th means that you're not going to testify, because it could end up harming you in the long run. You're protected from testifying against yourself.
2007-05-21 20:52:31 · answer #6 · answered by koepnick012787 2 · 2⤊ 0⤋
The 5th amendment is the Constitutional law that keeps
you from having to testify against yourself
2007-05-21 20:52:16 · answer #7 · answered by justgetitright 7 · 3⤊ 0⤋
To invoke the fifth means that you don't have to answer any question that would incriminate yourself even if you are guilty of a crime or not.
2007-05-21 20:54:07 · answer #8 · answered by flossie mae 5 · 2⤊ 0⤋
It means invoke the right not to incriminate yourself.
2007-05-21 20:52:15 · answer #9 · answered by Anonymous · 3⤊ 0⤋
it means to plead the fifth amendment
which is the right to not incriminate yourself.
2007-05-21 20:52:59 · answer #10 · answered by pamela 2 · 2⤊ 0⤋