Legal Question in Civil Rights Law in New York

a persons rights

what does it mean take the fifth.What will happen if a person does.


Asked on 11/01/06, 1:10 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: a persons rights

The text of the fifth amendment is as follows:

"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 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 property, without due process of law; nor shall private property be taken for public use, without just compensation."

Popularly the part about the right not to be a witness against oneself is what is usually understood by "taking the fifth."

In short, it is the right to remain silent so as to not incriminate one's self. What this means is that while you do not have the right to answer falsely under oath, you have the right to say nothing in such circumstances where speaking honestly would be an admission of guilt in a criminal context, when such an admission puts one in jeopardy of being prosecuted for the crime subject to the confession.

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Answered on 11/01/06, 1:39 pm


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