Amendment 5

AMENDMENT V

Trial and Punishment, Compensation for Takings

The US Constitution Show: Educating Americans About their Freedoms and Rights

“ 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 Fifth Amendment of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. Its guarantees stem from English common law as established by Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta.

Ratified: December 15, 1791

Notes: The Fifth Amendment guarantees five rights of a very diverse nature. The most popularly known right in the Fifth Amendment, the right against self-incrimination in criminal cases, is commonly referred to as “taking the Fifth.” Other rights in the Fifth Amendment include the right to have serious criminal charges screened by a grand jury; to avoid being tried twice for the same offense; to have due process of law; and to receive just compensation when private property is taken for public use. The longest amendment in the Bill of Rights, the Fifth Amendment is a hodgepodge of provisions affecting both criminal law and civil law. But all of them limit the power of the government to take action against the individual.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury,

Nobody can be put on trial for a very serious crime, unless a group of people called a grand jury first decide that there is enough evidence to make a trial

When there is enough evidence an indictment is issued, which means that the person charged with the crime will be put on trial for that crime.

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;

However, people in the military can be put on trial without an indictment or a grand jury, if they commit a crime during war or a national emergency.

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

However, people in the military can be put on trial without an indictment or a grand jury, if they commit a crime during war or a national emergency.

If someone is put on trial for a crime and the trial ends, they may not be tried again for the same crime. If they are convicted and serve their time, or if they are acquitted, they may not be put on trial again.

nor shall be compelled in any criminal case to be a witness against himself,

The government can not make someone testify against themselves. It would be very easy to just ask the accused if they did it, but how many people would tell the truth and say they did? Probably not many. So a trial relies on witnesses and evidence rather than the testimony of the accused.

nor be deprived of life, liberty, or property, without due process of law;

The government can not take away someone's life, freedom, or property without following a series of steps that give them a fair chance. This is called due process.

Due Process is the procedure which makes sure that everyone gets treated the same. No matter who someone is they should be treated fairly by the police, the courts, and the government. Many cases are dismissed because someone's due process rights are violated.

nor shall private property be taken for public use, without just compensation.

The government can not take away someone's property without paying them for it in some way. If the state wanted to build a road right through someone's yard they can't just do it, they have to pay the person for it, or compensate them in some way.

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