Amendment V

No person shall be held to answer for any 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; nor shall any person be subject for the same offence 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 property, without due process of law; nor shall private property be taken for public use, without just compensation.

Thoughts on the fifth amendment:

This amendment was put into the Bill of Rights because of the way Britain had conducted many of their criminal cases. This amendment makes the government make its case against someone public knowledge. It allows the accused to know what they are being accused of. We take for granted this right because we have become accustomed to it. But in the colonies a person could be imprisoned and not no why for an indefinite period of time.

This amendment also gives us the right not to testify against our self, pleading the fifth. This makes the court have to prove that you are guilty. The amendment also prevents anyone for being tried twice for the same crime. There have been times when guilty people have been found innocent and let go only to find out that they were guilty of the crime but this amendment prevents them from being tried again. This is the main reason why prosecutors have to be so diligent in their work, in order to make sure they have all the facts and evidence they need for a convection.

The last provision of this Amendment states that the government cannot take a persons property without compensation. There are times when the general welfare of a community is better served by using a piece of property in a different way but I don't feel that they should have the right to take it from anyone no matter the compensation. I think that if the property is taken then compensation is a good thing but if a person is not willing to give it up then I don't think they should have to. This thought is a generality I'm sure certain cases would have me rethink it.

Big Fan of Dave Chappelle




By BBC News Online's Sarah Brown
Should former Enron chief Kenneth Lay decline to testify regarding his role in the collapse of Enron, he will become the latest in a long line of people to exercise this most American of rights.

"Pleading the Fifth", as it is known, allows someone to escape giving evidence at a trial or hearing should they feel they might incriminate themselves in doing so.



On the advice of my counsel I respectfully and regretfully decline to answer the question based on my constitutional rights

Colonel Oliver North
Most recently, former Andersen auditor David Duncan invoked the Fifth when questioned by a Congressional committee about his role in the downfall of Enron, one of the world's largest energy companies.

Other Andersen and Enron employees may well do the same.

Mr Duncan's actions infuriated the board, who wanted answers as to why Enron had collapsed in such a publicly humiliating manner.

Click here to see text of Fifth Amendment


Some view the Fifth, one of 10 amendments that comprise the US Constitution's Bill of Rights, as little more than an opt-out scheme for the obviously guilty.

But there have been examples where it has been used to promote more noble causes.

Now the business world is waiting to see which course of action Mr Lay chooses. If he does plead the Fifth, he will join a colourful range of characters in American history who have done the same.

'Red terror'

America in the 1950s was gripped by anti-communism fervour, and no-one was more feverish in their pursuit of so-called "reds" than Senator Joe McCarthy.

He convinced many that American Government and society was riddled with the communist "red menace".



McCarthy was accused of leading a witch hunt

Many of those forced to appear before McCarthy's House Un-American Activities Committee took the Fifth in defiance of what they saw as an infringement of their right to choose their own beliefs.

The most famous example was the "Hollywood 10" - a group of screenwriters and directors who, when accused of being members of the Communist Party, took the Fifth in protest at what they percieved as McCarthy's bullying.

In a move that would almost certainly be ruled unconstitutional today, the committee decided their actions were illegal and jailed all 10 for contempt.

Contra scandal

In December 1986 the White House administration was rocked by the Iran-Contra scandal.

Then-President Ronald Reagan admitted that the US had secretly sold arms to Iran, and siphoned off the profits to fund "contra" rebels trying to overthrow Nigaragua's socialist government.

Amid the numerous Congressional committees appointed to investigate the affair, eerily reminiscent of the Enron scandal, one of the most colourful figures to emerge was Lieutenant Colonel Oliver North.



North: "Regretted" pleading the Fifth

Colonel North repeatedly invoked the Fifth when asked about his involvement in the affair.

Challenged by Congress to admit his involvement, Colonel North consistently refused to answer questions.

"On the advice of my counsel I respectfully and regretfully decline to answer the question based on my constitutional rights," he said.

North was given a three-year suspended sentence for his role in the affair, but was later pardoned.

Murder trial

The Fifth also played a role in one of America's most notorious murder trials, when Los Angeles detective Mark Fuhrman, a key prosecution witness in the infamous OJ Simpson trial, controversially pleaded the Fifth after tapes showing him using racist language were played by the media.

Mr Fuhrman was forced to invoke the amendment three times on whether he had used racist language about ethnic minorities, angering the jury.

Experts later said that his use of the Fifth Amendment had thrown his credibility as a detective into doubt and may even have cost the prosecution their case.

Text of Fifth Amendment

The fifth amendment: 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; nor shall any person be subject for the same offence 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 property, without due process of law; nor shall private property be taken for public use, without just compensation.