IN THE NEWS - 'Taking the Fifth'

IN THE NEWS
–
February 16, 2002: 'Taking the Fifth'

By Caty Weaver¹

This is Steve Ember with the VOA Special English program, In The News.

The former chairman of the failed energy company Enron, Kenneth Lay, refused to answer questions at a Senate
hearing this week. The Senate committee is investigating the company’s financial failure.

Mister Lay used his legal right provided by the Fifth Amendment² to the United States Constitution. That
amendment says people do not have to provide information that may be used against them in court. Several other
top officials of the huge energy company also have used this right to remain silent.

Last year, Enron became the largest company in the United States to seek legal protection from its debts.

Thousands of Enron employees lost their jobs and their retirement³ savings⁴ as a result of the company’s failure.
Lawmakers suspect Enron set up false businesses to create imaginary profits and hide losses in earnings⁵.
Lawmakers believe top officials of Enron unfairly profited from this.

Enron used the Arthur Andersen company as its independent financial examiner. Arthur Andersen also is
suspected of wrongdoing. A company official also used his Fifth Amendment right to refuse to answer questions
before the Senate committee.The Fifth Amendment is part of the United States Constitution’s Bill of Rights.

The Bill of Rights contains ten amendments⁶ that became law in Seventy-Ninety-One.

The Fifth Amendment has several parts. The first says a person can not be tried for a crime unless a grand jury
accuses the person. A grand jury is a special group of people chosen to decide if there is acceptable evidence
against a person to hold a trial. There are a few limited exceptions to this rule.The second part of the Fifth
Amendment says no person can be tried for the same crime two times. However, there are exceptions to this rule
also.

The third part of the Fifth Amendment is the part used by Enron and Arthur Andersen officials. It says no person
can be legally forced to speak against himself or herself. This includes answering questions in court, by police or
by other government agents. Using this right is commonly called “Taking the Fifth.
”

This part of the Fifth Amendment became famous in Congressional hearings during the Nineteen-Fifties. The
House Un-American Activities Committee was investigating possible treason in the United States. The
Committee ordered many filmmakers, writers and other people to answer questions. Committee members asked
these people about their possible links to the Communist party. Many refused to answer. Some lawmakers called
these people “Fifth Amendment Communists.
”

The Fifth Amendment also says the government may not deny a person his or her life, freedom, or property
without the process of law. And it says the government may not take a person’s property for public use without
fair payment.

This VOA Special English program In The News was written by Caty Weaver. This is Steve Ember.

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1 weaver   

n.织布工；编织者

参考例句：

• She was a fast weaver and the cloth was very good.她织布织得很快，而且布的质量很好。
• The eager weaver did not notice my confusion.热心的纺织工人没有注意到我的狼狈相。

2 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

3 retirement   

n.退休，退职

参考例句：

• She wanted to enjoy her retirement without being beset by financial worries.她想享受退休生活而不必为金钱担忧。
• I have to put everything away for my retirement.我必须把一切都积蓄起来以便退休后用。

4 savings   

n.存款，储蓄

参考例句：

• I can't afford the vacation,for it would eat up my savings.我度不起假，那样会把我的积蓄用光的。
• By this time he had used up all his savings.到这时，他的存款已全部用完。

5 earnings   

n.工资收人；利润，利益，所得

参考例句：

• That old man lives on the earnings of his daughter.那个老人靠他女儿的收入维持生活。
• Last year there was a 20% decrease in his earnings.去年他的收入减少了20%。

6 amendments   

（法律、文件的）改动( amendment的名词复数 )； 修正案； 修改； （美国宪法的）修正案

参考例句：

• The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
• Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。