What is The 5th Amendment?
THE Fifth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791.
The Fifth Amendment originally only applied to federal courts, but now applies to state courts through the Fourteenth Amendment.
What is The Fifth Amendment?
In the United States constitution, the Fifth Amendment writes that;
"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;"
When an individual takes the Fifth, their silence or refusal to answer questions cannot be used against them in a criminal case.
A prosecutor cannot argue to the jury that the defendant’s silence implies guilt.
In a civil case or a civil enforcement action, the judge or jury can draw an adverse inference to support liability when the defendant invokes the Fifth Amendment
List of amendments to the United States Constitution
- The 4th Amendment
- The 5th Amendment
- The 7th Amendment
- The 8th Amendment
- The 9th Amendment
- The 10th Amendment
- The 11th Amendment
- The 12th Amendment
- The 13th Amendment
- The 14th Amendment
- The 15th Amendment
- The 16th Amendment
- The 17th Amendment
- The 18th Amendment
- The 19th Amendment
- The 20th Amendment
- The 21st Amendment
- The 22nd Amendment
- The 23rd Amendment
- The 24th Amendment
- The 25th Amendment
- The 26th Amendment
- The 27th Amendment
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