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The '''{{PAGENAME}}''' to the [[United States Constitution]] states:

The '''Fifth Amendment''' to the [[United States Constitution]] states:

{{cquote|'''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 [[martial law|public danger]]; nor shall any person be subject for the [[double jeopardy |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 [[private property|property]], without [[due process]] of [[law]]; nor shall [[private property]] be taken for public use, without just compensation.'''}}

{{cquote|'''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 [[martial law|public danger]]; nor shall any person be subject for the [[double jeopardy|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 [[private property|property]], without [[due process]] of [[law]]; nor shall [[private property]] be taken for public use, without just compensation.'''}}

This amendment is typically associated with [[criminal trial]]s where witnesses "[[plead the 5th]]" to invoke their right to avoid [[self-incrimination]] during questioning. It is erroneously believed by many that only [[guilty]] people would plead the 5th. In fact, this amendment was crafted in part to [[protect the innocent]].<ref>"[W]e have emphasized that one of the Fifth Amendment's "basic functions ... is to protect innocent men ... 'who otherwise might be ensnared by ambiguous circumstances.' " Grunewald v. United States, 353 U. S. 391, 421 (1957) (quoting Slochower v. [[Public school values|Board of Higher Ed]]. of [[New York City]], 350 U. S. 551, 557-558 (1956)) (emphasis in original). In Grunewald, we recognized that truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker's own mouth. 353 U. S., at 421-422." OHIO v. MATTHEW REINER, No. 00-1028. Decided March 19, 2001. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=00-1028</ref>

This amendment is typically associated with [[criminal trial]]s where witnesses "[[plead the 5th]]" to invoke their right to avoid [[self-incrimination]] during questioning. It is erroneously believed by many that only [[guilty]] people would plead the 5th. In fact, this amendment was crafted in part to [[protect the innocent]].<ref>"[W]e have emphasized that one of the Fifth Amendment's "basic functions ... is to protect innocent men ... 'who otherwise might be ensnared by ambiguous circumstances.' " Grunewald v. United States, 353 U. S. 391, 421 (1957) (quoting Slochower v. [[Public school values|Board of Higher Ed]]. of [[New York City]], 350 U. S. 551, 557-558 (1956)) (emphasis in original). In Grunewald, we recognized that truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker's own mouth. 353 U. S., at 421-422." OHIO v. MATTHEW REINER, No. 00-1028. Decided March 19, 2001. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=00-1028</ref>

{{US amendments}}

{{US amendments}}

==See Also==

==See also==

* [[Privacy]]

* [[Privacy]]

* [[Police state]]

* [[Police state]]

<references/>

<references/>

==External Links==

==External links==

*[http://www.redstate.com/stories/law/what_fifth_amendment What Fifth Amendment?], [[Pejman Yousefzadeh]], ''[[RedState]]'', Accessed March 27, 2014

*[http://www.redstate.com/stories/law/what_fifth_amendment What Fifth Amendment?], [[Pejman Yousefzadeh]], ''[[RedState]]'', Accessed March 27, 2014

* https://www.youtube.com/results?search_query=don't%20talk%20to%20police&sm=1

* https://www.youtube.com/results?search_query=don't%20talk%20to%20police&sm=1

* https://www.youtube.com/watch?v=6wXkI4t7nuc - An law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the [[police]]

* https://www.youtube.com/watch?v=6wXkI4t7nuc - An law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the [[police]]

[[Category : Bill of Rights]]

[[Category:Bill of Rights]]

[[Category : United States Constitution]]

[[Category:United States Constitution]]

[[Category : Fifth Amendment]]

[[Category:Fifth Amendment]]