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Fifth Amendment (to the United States Constitution)

Fifth Amendment (to the United States Constitution)

1 4.7
A US legal right that protects people from forced testimony, being tried twice, and unfair legal process
  • noun
  • /ˈfɪfθ əˈmɛndmənt/
  • Formal
translation icon : Quinta Enmienda (a la Constitución de los Estados Unidos)
  • "Again, are you refusing to answer the questions on the basis of the protections afforded to you under the Fifth Amendment to the United States Constitution?"
  • rights under the Fifth Amendment

Examples

  • The lawyer explained that his client could not be tried twice for the same crime due to the Fifth Amendment protections.

  • During the interrogation, the suspect invoked his rights under the Fifth Amendment to avoid self-incrimination.

  • The Takings Clause of the Fifth Amendment to the United States Constitution provides that private property shall not "be taken for public use, without just compensation" by the federal government.

    Academic text (1996)
  • I chose to remain silent in court, exercising my rights under the Fifth Amendment to the United States Constitution.

Synonyms

Fifth Amendment
vsFifth Amendment (to the United States Constitution)
  • Formal
16 6.2

A US law right to remain silent, avoid two trials, and get fair pay when the government takes property

focuses on limits on government prosecution in criminal cases rather than compensation

Surface Forms

Morphology

fifth + amendment + (to + the + united + state + Constitution)

The phrase literally combines 'fifth' + 'amendment' + 'United States Constitution', so a learner who knows the words can infer it refers to the fifth change/addition to the U.S. Constitution. However, the specific legal provisions (protection against self-incrimination, due process, double jeopardy) are conventional, culturally specific facts that are not predictable from the constituents alone, so the expression is only partially transparent.

Etymology

Fifth Amendment is the fifth change to the U.S. Constitution's list of rights and it names important legal protections. One famous part lets a person refuse to answer questions that would blame them, so people say 'plead the Fifth' or 'invoke the Fifth Amendment' to 'avoid testifying'. It also protects against being tried twice and says you must get fair legal steps and payment if the government takes your property.