5th Amendment Criminal Law Protections - Explained
How does the 5th Amendment Protect Individuals?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What are the 5th Amendment criminal law protections?
The 5th Amendment provides several procedural, due process rights to citizens. In addition to the right to due process of law, the 5th Amendment includes the following notable protections.
- Right to Grand Jury
- Protection Against Self-incrimination
- Protection Against Double jeopardy
Procedural due process rights apply to civil, administrative, and criminal proceedings. The basic premise is that individuals enjoy 5th Amendment protections from government infringement of their rights (including rights to property).
What is a Right to Grand Jury?
The 5th Amendment provides that anyone tried for a capital or infamous crime must receive a presentment or indictment by a grand jury.
What is the Protection Against Self-incrimination?
The 5th Amendment protects against compulsory self-incrimination. It protects the accused from being compelled to testify against herself.
It does not protect against being compelled to produce evidence.
For example, a business executive can be made to produce documents. It only protects testimony that is related to an assertion of fact or the disclosure of information.
The protection against compulsory self-incrimination does not apply to business entities.
The only entity (quasi-entity) protected is the sole proprietorship, because the entity and individual are one and the same.
What is the Protection Against Double jeopardy?
No person shall be subject for the same offense to be twice put in jeopardy of life or limb.
If an illegal activity violates both federal and state laws, double jeopardy does not prohibit two trials, one in federal court and the other in the state court system.
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