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Fifth Amendment to the United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and protects a person against being compelled to be a witness against himself or herself in a criminal case. "Pleading the Fifth" is a colloquial term for invoking the privilege that allows a witness to decline to answer questions where the answers might incriminate him or her, and generally without having to suffer a penalty for asserting the privilege. A defendant cannot be compelled to become a witness at his or her own trial. If, however, he or she should choose to testify, he or she is not entitled to the privilege, and inferences can be drawn from a refusal to answer a question during cross-examination. The Amendment requires that felonies be tried only upon indictment by a grand jury. Federal grand juries can force people to take the witness stand, but defendants in those proceedings have Fifth Amendment privilege until they choose to answer any question. To claim the privilege for failure to answer when being interviewed by police, the interviewee must have explicitly invoked their constitutional right when declining to answer questions.
The Amendment's Double Jeopardy Clause provides the right to be tried only once in federal court for the same offense. The Amendment also has a Due Process Clause (similar to the one in the 14th Amendment) as well as an implied equal protection requirement (''Bolling v. Sharpe''). Finally, the Amendment requires that the power of eminent domain be coupled with "just compensation" for those whose property is taken.
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抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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