Fifth Amendment to the United States Constitution

The Fifth Amendment to the United States Constitution is a part of the United States Bill of Rights that protects individuals from being compelled to be witnesses against themselves in criminal cases ("pleading the Fifth"), guarantees the right to a grand jury, forbids double jeopardy, and mandates due process of law.

Text

The text of the Fifth Amendment reads:

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.

Background

The Fifth Amendment was introduced as a part of the Bill of Rights into the United States Constitution on September 25, 1789, and was ratified on December 15, 1791. It draws heavily from earlier documents, including the Magna Carta of 1215, the English Bill of Rights of 1689, and various early state constitutions and declarations of rights in the United States, reflecting the deep historical roots of its principles.

Protections

The Fifth Amendment grants several important protections to individuals, including:

Grand Jury

The amendment requires a grand jury indictment for federal criminal charges for capital and "infamous" crimes, providing a preliminary check on prosecutorial power.

Double Jeopardy

It protects against double jeopardy, which means being tried twice for the same offense, ensuring that individuals are not subjected to endless legal battles over the same alleged act.

Self-Incrimination

The most well-known protection is against self-incrimination, allowing individuals to refuse to answer questions or provide information that could incriminate them.

Due Process

The amendment guarantees due process of law, a fundamental principle that the government must respect all legal rights owed to a person according to the law.

Eminent Domain

It includes a provision on eminent domain, ensuring that private property cannot be taken for public use without just compensation.

Impact and Interpretation

The Fifth Amendment's protections are among the most significant in the realm of criminal law and civil liberties. Its principles have been interpreted and applied in numerous landmark Supreme Court cases, shaping American legal practices and protections. The amendment's due process clause, in particular, has been a source of significant legal interpretation and has been applied to the states through the Fourteenth Amendment.

Controversies and Challenges

The application and interpretation of the Fifth Amendment have been subject to ongoing debate and litigation, particularly concerning the rights of the accused, the balance between individual liberties and national security, and the powers of government in eminent domain cases.

See Also

• United States Constitution
• Bill of Rights
• Self-incrimination
• Double jeopardy
• Due process
• Eminent domain