The Fifth Amendment is one of the ten "Bill of Rights" amendment (1791) and it states: 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.
|
When composing the bill of rights, the American Founding Fathers, sought to avoid an unfair court system like the one in England. In England, people were often tortured into confessing. The King could use closed court sessions to convict any person he wanted. Courts would often force defendants to answer every question presented to them. The Fifth Amendment to the U.S. Constitution protects all U.S. citizens against self-incrimination. If you are accused of a crime, you have the right to not testify against yourself in court ("BrainPop").
|
Grand Jury
|
Double Jeopardy
|
Self Incrimination
|
Due Process Clause
|
Takings
- The fifth amendment allows the government to seize properties if it is essential to the government’s ability to increase public welfare. The government also uses power of eminent domain to fulfill its duties to the public. “Government use, regulation, and seizure of private property is governed by rules set by legislatures. In addition, the Fifth Amendment requires the government to pay "just compensation" when taking property for public use. This requirement applies to the states as well as the federal government ("Legal Information Institute").”