Jonah Patel
The Fifth Amendment to the United States Constitution, which was passed by Congress on September 25, 1789, and ratified on December 15, 1791, as part of the Bill of Rights, provides several protections for American citizens. These include protection from self-incrimination, guaranteed due process and equal protection before the law, access to grand jury trials, and financial compensation in response to the government seizing private property. The Fifth Amendment has been influential in several Supreme Court rulings, including Griffin v. California (1965) and Haynes v. United States, where it was ruled that requiring felons to register firearms they owned was unconstitutional.
| Characteristics | Values |
|---|---|
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Number of clauses | 5 |
| Types of due process | Substantive, Procedural |
| Types of jury | Petit jury, Grand jury |
| Protections | From self-incrimination, guaranteed due process and equal protection before the law, access to grand jury trials, and financial compensation in response to the government’s seizure of private property |
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What You'll Learn
The Grand Jury Clause
The Fifth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It contains the Grand Jury Clause, which 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."
While the Supreme Court ruled against incorporating this right at the state level in Hurtado v. People of California (1884), many state constitutions guarantee the use of grand juries, recognising their importance in fair and effective law enforcement.
The Fifth Amendment also includes other protections, such as the Double Jeopardy Clause, the Self-Incrimination Clause, the Due Process Clause, and the Takings Clause, each safeguarding various civil liberties of American citizens.
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The Double Jeopardy Clause
The text of the clause states:
> " [N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."
The four essential protections provided by the Double Jeopardy Clause are prohibitions against, for the same offence:
- Being prosecuted twice
- Being prosecuted and then subjected to a second trial
- Jeopardy in a jury trial (when the jury is empaneled and sworn in)
- Jeopardy in a bench trial (when the court begins to hear evidence after the first witness is sworn in)
It is important to note that double jeopardy applies only to charges that were the subject of an earlier final judgment. There are situations in which it does not apply, such as a retrial after a mistrial or a conviction that has been set aside upon a motion for a new trial. Additionally, the Supreme Court has clarified that a statute that is civil in nature cannot be deemed punitive when applied to an individual, as in Seling v. Young.
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The Self-Incrimination Clause
The right against self-incrimination applies in both federal and state courts, regardless of whether the proceeding is criminal or civil in nature. It is important to note that the protection against self-incrimination does not extend to non-governmental, self-regulatory organizations, such as the New York Stock Exchange (NYSE). Individuals who refuse to answer questions posed by such organizations may face consequences, including suspension from membership.
To invoke the Self-Incrimination Clause effectively, individuals must explicitly claim this right. Silence in the face of questioning may not be sufficient, as it may not provide an opportunity to determine whether the information withheld falls within the privilege or to offer immunity. In the case of Salinas v. Texas, the majority of the Court found that Salinas' silence during questioning about a double murder could be used against him because he did not explicitly invoke his Fifth Amendment rights.
The Supreme Court has provided further clarification on the Self-Incrimination Clause in cases such as Griffin v. California, where it ruled that prosecutors may not ask the jury to draw an inference of guilt from a defendant's refusal to testify in their own defense. Additionally, in Haynes v. United States, the Court ruled that requiring felons to register their firearms constituted self-incrimination and was therefore unconstitutional.
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The Due Process Clause
The Supreme Court has interpreted these clauses identically, guaranteeing a variety of protections, including procedural due process, substantive due process, and equal protection under the law. Procedural due process refers to the procedures that the government must follow before depriving an individual of their rights, such as notice and a hearing. Substantive due process, on the other hand, refers to fundamental rights that the government may not infringe upon, even with procedural protections.
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The Takings Clause
It is important to note that the Takings Clause does not require the government to compensate private property owners in all scenarios. For example, the government need not compensate owners when requiring them to take reasonable steps to avoid pollution or other activities that harm public or private property. Additionally, the Supreme Court has ruled that the clause does not prohibit the government from confiscating property with just compensation as long as it is for public use. This interpretation has been controversial, with critics arguing that it eliminates the distinction between private and public use of property.
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Frequently asked questions
The Fifth Amendment to the United States Constitution was ratified on December 15, 1791, as part of the Bill of Rights. It provides several protections for American citizens, including protection from self-incrimination, guaranteed due process and equal protection before the law, access to grand jury trials, and financial compensation in response to the government seizing private property.
The five clauses of the Fifth Amendment are the Grand Jury Clause, the Double Jeopardy Clause, the Self-Incrimination Clause, the Due Process Clause, and the Takings Clause.
The Grand Jury Clause limits governmental powers focusing on criminal procedures. It states that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury".
