What is the 5th Amendment?

The 5th Amendment provides US citizens with the following rights or protections:

• The Right against Self-Incrimination
• Prohibition of double jeopardy.
• The Right to Due process
• Eminent Domain

Each of these is discussed in greater detail below.

What is the 5th Amendment to the Constitution?

The 5th Amendment contains a number of protections for US Citizens, as follows: 

What is the The Right against Self-Incrimination?

The US constitution states that no person shall be compelled in any criminal case to be a witness against themselves. More specifically it protects against self-incrimination by individuals (not corporations). 

That is, an individual cannot be compelled to testify against herself. It prohibits subjecting an individual to double jeopardy for alleged criminal conduct. 

This means that the government cannot subject an individual to multiple prosecutions for the same activity.

• Example: I receive a subpoena to testify in a criminal trial. While on the stand, I am asked questions that may incriminate me if I answer truthfully. I request not to answer the question based upon the observance of my 5th Amendment right against self incrimination.

What is the Prohibition of double Jeopardy?

The 5th Amendment prohibits double Jeopardy. A person cannot be tried or punished twice for the same crime. 

More specifically, the prosecution cannot bring the same charges once a person has already been acquitted of a crime. 

Moreover, if a defendant has already been sentenced, they cannot be punished again for the same crime. 

Exceptions to this protection include: 

• If the defendant requests for a mistrial and it is granted then it means the defendant has waived their right against double jeopardy. 
• If a person is tried criminally, they can still face a civil trial for the same set of circumstances, and this means double jeopardy only applies to criminal cases.
• Also, the 5th Amendment does not prevent the federal and state governments from bringing charges against an individual for the same conduct.

What is the right to a grand jury? 

The right to a grand jury is granted in federal felony cases. 

A grand jury is a group of individuals who decide whether adequate evidence exists to charge a suspect with a particular crime. 

This means that if the grand jury believes that adequate evidence has been presented, it returns an indictment if this is not the case the suspect will not be charged with a crime since the jury returns a no-bill. 

What is the Right to Due process? 

Arguably, the most important protection under the 5th Amendment, however, is the protection of an individual's right against deprivation of life, liberty, and property without due process of law. 

This protection is known as the "Federal Due Process Clause". 

It assures the protection of citizens' substantive and procedural rights in the passage and execution of laws by the Federal Government. 

The court uses two factors to determine if the person has received the due process. 

The court regards the procedural due process. That is, the procedures in place for adjudicating the rights of an individual must be fundamentally fair. 

For example, a person must be informed of the facts when he is facing criminal charges. 

The court also considers the substantive due process. This means that a substantive law (proscribes conduct - not procedural) that affects an individual's rights must be fundamentally fair in nature.

• Note: The Supreme Court also recognizes a fundamental right to privacy implied in the 5th Amendment protections.

What is the right of Eminent Domain?

The 5th Amendment also requires the government to pay just compensation to individuals for property taken or appropriated for pubic use. 

This concept most frequently arises in cases of eminent domain (discussed in a subsequent chapter). 

Related Concepts

• What is the 5th Amendment
• 5th Amendment (Federal Due Process Clause)
• 14th Amendment
• 14th Amendment (Incorporation Doctrine)
• What is the Equal Protection Clause of the 14th Amendment