| an amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, providing chiefly that no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously. |
| Fifth Amendment n. An amendment to the Constitution of the United States, ratified in 1791, that deals with the rights of accused criminals by providing for due process of law, forbidding double jeopardy, and stating that no person may be forced to testify as a witness against himself or herself. |
One of the ten amendments to the United States Constitution that make up the Bill of Rights. The Fifth Amendment imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law.
Note: To “take the Fifth” is to refuse to testify because the testimony could lead to self-incrimination.