--- title: Why the Fifth Amendment Is Much More than 'Pleading the Fifth' | TIME description: The fifth amendment to the U.S. constitution guarantees many rights for citizens accused of crimes, not the least of which is the protection against self-incrimination canonical: https://time.com/video/PmhMmWdF/ og:title: Why the Fifth Amendment Is Much More than 'Pleading the Fifth' og:description: The fifth amendment to the U.S. constitution guarantees many rights for citizens accused of crimes, not the least of which is the protection against self-incrimination og:url: https://time.com/video/PmhMmWdF/ og:image: https://cdn.jwplayer.com/v2/media/PmhMmWdF/poster.jpg?width=720 og:type: video.other twitter:card: summary_large_image twitter:title: Why the Fifth Amendment Is Much More than 'Pleading the Fifth' twitter:description: The fifth amendment to the U.S. constitution guarantees many rights for citizens accused of crimes, not the least of which is the protection against self-incrimination twitter:image: https://cdn.jwplayer.com/v2/media/PmhMmWdF/poster.jpg?width=720 --- # Why the Fifth Amendment Is Much More than 'Pleading the Fifth' > Sponsored content. 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They are at time.com/newsletters and are separate from a paid subscription. ## Video: Why the Fifth Amendment Is Much More than 'Pleading the Fifth' [Watch (HLS stream): Why the Fifth Amendment Is Much More than 'Pleading the Fifth'](https://cdn.jwplayer.com/manifests/PmhMmWdF.m3u8) (3:16)  _Published 2011-06-28. The fifth amendment to the U.S. constitution guarantees many rights for citizens accused of crimes, not the least of which is the protection against self-incrimination_ --- Jul 27, 2023 3:14 PM UTC --- ## More From This Series [All Videos](https://time.com/video/) [Dr. Anthony Fauci Pleads the Fifth Amendment at Republican-Led Senate Hearing on COVID](/video/f5t1I9RH/) ### Dr. Anthony Fauci Pleads the Fifth Amendment at Republican-Led Senate Hearing on COVID [Roger Stone Invokes the Fifth Amendment and Declines to Provide Documents to Democrat Senate Judiciary Inquiry](/video/6UYGUlYT/) ### Roger Stone Invokes the Fifth Amendment and Declines to Provide Documents to Democrat Senate Judiciary Inquiry [GOP DEBATE 011416: Rubio: "Second amendment is a constitutional right"](/video/HR4FUW6Q/) ### GOP DEBATE 011416: Rubio: "Second amendment is a constitutional right" --- ## Transcript [ MUSIC ] No person shall be held to answer for a capital. Or otherwise infamous crime unless. Unless on 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. [ MUSIC ] There's a lot going on in the fifth amendment. Most of what's going on in the fifth amendment does relate to the fundamental legal rights of people accused of crimes. But the fifth amendment goes beyond Merely the rights of people accused of a crime. It really does go to equal protection under the law. Nor shall any person be subject for the same offense to be twice put in jeopardy. Twice put in jeopardy of life or limb. Nor shall be compelled in any criminal case To be a witness against himself. The thing people think of the most often when they think about the fifth amendment is this idea of taking the fifth, or pleading the fifth, which is when the government asks you questions, and you don't want to answer them. So the right to remain silent. I mean, you think about in the Miranda case. That's when the police arrest you and say, you have a right to remain silent, anything you say can and will be used against you in a court of law. [ MUSIC ] Nor be deprived of life, liberty, or property. Without due process of law. Without due process of law. If I had to pick one single big idea in the fifth amendment. I think the idea would be the jury. What's the idea behind double jeopardy? That if the jury acquit you, the government can't go after you again. The words due process also appeared in the fifth amendment. What was the core idea of due process? Juries, endictment and presentment by good and lawful man. [ MUSIC ] Nor shall private property be taken for public use without just compensation. Without just compensation. The rest of the amendment is speaking of criminal charges, grand juries, double jeopardy, and such. And get the last part. The last sentence speaks to the Takings Clause. [ MUSIC ] The government can take private property if it is being taken For the enjoyment and use of the general public. And then a certain amount of compensation is to be given. So, it was almost as though the framers were trying to figure out where should we place this. It doesn't really fit anywhere but we're gonna put it here because it's important for us to understand that you have a protection against this as well. That it was an individual Right, that you had to have property. But there are certain instances in which you're going to have that right, you know, tread upon by the government. And here is now it can be done. 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