Fifth Amendment to the United States Constitution 美国宪法第五修正案
(重定向自Takings Clause)
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 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 own trial. If, however, he should choose to testify, he 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 privileges 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.