Fifth Amendment (to the United States Constitution)
- noun
- /ˈfɪfθ əˈmɛndmənt/
- Formal
- "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
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The lawyer explained that his client could not be tried twice for the same crime due to the Fifth Amendment protections.
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During the interrogation, the suspect invoked his rights under the Fifth Amendment to avoid self-incrimination.
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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
A US law right to remain silent, avoid two trials, and get fair pay when the government takes property
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.