US Government
Fifth Amendment
The Fifth Amendment was part of the Bill of Rights that was added to the Constitution
on December 15, 1791. It covers a number of topics and issues including the grand jury,
double jeopardy, self-incrimination ("taking the fifth"), due process, and eminent domain.
We'll explain each of these in more detail below.
From the Constitution
Here is the text of the Fifth Amendment from the Constitution:
"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."
The Grand Jury
The first part of the amendment talks about a grand jury. The grand jury is a jury that
decides if a trial should be held. They look at all the evidence and then decide if a
person should be charged with a crime. If they decide there is enough evidence, then
they will issue an indictment and a regular trial will be held. The grand jury is only used
in cases where the punishment for the crime is severe such as life in prison or the death
sentence.
Double Jeopardy
The next section protects the person from being tried for the same crime more than
once. This is called double jeopardy.
Taking the Fifth
Perhaps the most famous part of the Fifth Amendment is the right to not testify against
yourself during a trial. This is often called "taking the fifth." The government must
present witnesses and evidence to prove the crime and cannot force someone to testify
against themselves.
Miranda Warning
You've probably heard the police on TV say something like "you have the right to
remain silent, anything you say or do may be used against you in a court of law" when
they arrest someone. This statement is called the Miranda Warning. Police are required
to tell people this before they question them as part of the Fifth Amendment. It reminds
citizens that they don't have to testify against themselves.
Due Process
The amendment also states that a person has a right to "due process of law." Due
process means that any citizen charged with a crime will be given a fair trial that follows
a defined procedure through the judicial system.
Eminent Domain
The last section says that the government can't take a person's private property without
paying them a fair price for it. This is called eminent domain. The government can take
your property for public use, but they have to pay you a fair price for it.
Interesting Facts about the Fifth Amendment
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The Fifth Amendment originally only applied to federal courts, but now applies to
state courts through the Fourteenth Amendment.
The concept of due process and the grand jury goes all the way back to
the Magna Carta from 1215.
Corporations are not considered "natural persons" and may not be protected by
the Fifth Amendment.