Eleanor Finch
The Fifth Amendment to the United States Constitution outlines several constitutional rights, limiting the powers of the government in criminal procedures. It was ratified in 1791 as part of the Bill of Rights. The Fifth Amendment protects individuals from self-incrimination, double jeopardy, and arbitrary seizure of private property without due compensation. It also ensures procedural and substantive due process, safeguarding citizens from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court has extended these rights to state and local levels, ensuring that neither federal, state, nor local governments can deny people their Fifth Amendment rights.
| Characteristics | Values |
|---|---|
| Limits government powers | Focuses on criminal procedures |
| Creates constitutional rights | Protects individuals from self-incrimination |
| Requires indictment by a grand jury | Applies to most felonies |
| Double jeopardy clause | Defendants cannot be tried more than once for the same offence |
| Due process clause | Provides four protections: procedural due process, substantive due process, prohibition against vague laws, and incorporation of the Bill of Rights |
| Takings clause | Limits eminent domain by requiring "just compensation" for private property taken for public use |
| Right to not self-incriminate | Includes not having to provide passwords or records that may incriminate |
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What You'll Learn
Protection from self-incrimination
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting the powers of the government in criminal procedures. It was ratified in 1791 as part of the Bill of Rights. The Fifth Amendment protects individuals from being forced to incriminate themselves. Incriminating oneself is defined as exposing oneself or another person to "an accusation or charge of crime" or involving oneself in a criminal prosecution. The privilege against compelled self-incrimination is defined as "the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself".
The Fifth Amendment's protection against self-incrimination has been interpreted by the Supreme Court to serve two main interests: the preservation of an accusatorial system of criminal justice and the preservation of personal privacy from unwarranted governmental intrusion. This means that the government cannot force individuals to give testimony or provide evidence that may be used against them in a criminal prosecution. The amendment also requires that most felonies be tried only upon indictment by a grand jury and that defendants cannot be tried twice in federal court for the same offence.
The protection against self-incrimination applies to individuals testifying in legal proceedings, whether in federal or state court, and whether the proceeding is criminal or civil. It is important to note that the protection must be explicitly claimed by the witness. The protection does not apply to corporations, and they can be compelled to turn over records. However, the jury cannot be informed that the corporation's custodian personally produced the documents, although they can draw adverse inferences from the content.
The Fifth Amendment's protection against self-incrimination has been applied in various cases. In Miranda v. Arizona, the Supreme Court ruled that police must issue a Miranda warning to criminal suspects interrogated while in custody. In Haynes v. United States, the Court ruled that requiring felons to register firearms they owned was unconstitutional as it constituted self-incrimination. In Fisher v. United States, the Court clarified that the amendment does not bar the compelled production of incriminating evidence but applies when the accused is compelled to make a testimonial communication that is incriminating.
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Due process rights
The Fifth Amendment to the United States Constitution, ratified in 1791, outlines several constitutional rights that limit the powers of the government, particularly in criminal procedures. The Fifth Amendment, along with the Fourteenth Amendment, contains a due process clause, which acts as a safeguard against the arbitrary denial of life, liberty, or property by the government outside the sanction of law.
The Supreme Court has interpreted the due process clauses to provide several protections. Firstly, procedural due process applies to both civil and criminal proceedings. Secondly, substantive due process protects fundamental rights. Thirdly, the clauses prohibit vague laws. Finally, they serve as the vehicle for the incorporation of the Bill of Rights.
The Fifth Amendment's due process clause has been used to incorporate several rights into the states, including the right against double jeopardy, the right against self-incrimination, and the protection against the arbitrary taking of private property without due compensation. The market value of the property is considered when determining just compensation. Notably, the right to indictment by a grand jury has not been incorporated at the state level.
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Protection from double jeopardy
The Fifth Amendment to the United States Constitution contains the Double Jeopardy Clause, which provides protection from being prosecuted twice for the same crime. This clause applies to both federal and state governments, meaning that defendants can only be tried once in federal court for the same offence. The Double Jeopardy Clause does not, however, prevent prosecution by both a state government and the federal government, or by multiple state governments, for the same act. This is due to the "dual sovereignty" or "separate sovereigns" doctrine, which considers each state government to be distinct from the federal government, with its own laws, court systems, and sovereignty.
The Double Jeopardy Clause does not attach in a grand jury proceeding or bar a grand jury from returning an indictment when a prior grand jury has refused to do so. It also does not apply in the retrial of a conviction that was reversed on procedural grounds or in a retrial for which "manifest necessity" has been shown following a mistrial. Jeopardy attaches in a jury trial when the jury is empaneled and sworn in, in a bench trial when the first witness is sworn in, or when a court accepts a defendant's plea unconditionally.
The Supreme Court has ruled that the Double Jeopardy Clause applies to civil sanctions that are punitive in nature. For example, in United States v. One Assortment of 89 Firearms (1984), the Court held that a civil penalty under the False Claims Act constituted punishment for double jeopardy purposes when it was overwhelmingly disproportionate to compensating the government for its loss and could only be explained as serving a retributive or deterrent purpose. In another case, One Lot Emerald Cut Stones v. United States (1972), the Supreme Court held that the Double Jeopardy Clause prohibits "punishing twice, or attempting a second time to punish criminally, for the same offense." However, civil asset forfeitures were not considered "punishment" under the Double Jeopardy Clause in United States v. Ursery (1996) as they were deemed remedial civil sanctions rather than punitive criminal sanctions.
The Double Jeopardy Clause also applies when someone is tried as a juvenile and then again as an adult for the same offence. In Breed v. Jones (1975), the Supreme Court decided that double jeopardy applied to an individual tried as a juvenile and then subsequently as an adult. Additionally, the Clause applies in juvenile court proceedings that are formally civil, as seen in Breed v. Jones (1975) and Seling v. Young (2001).
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Right to indictment by a grand jury
The Fifth Amendment to the United States Constitution, ratified in 1791, outlines several constitutional rights that limit the powers of the government, particularly in criminal procedures. One of the key provisions of the Fifth Amendment is the right to indictment by a grand jury.
The right to indictment by a grand jury means that no person can be compelled to answer for a capital or otherwise infamous crime unless there is a presentment or indictment by a grand jury. In other words, a person cannot be forced to stand trial for certain serious crimes unless a grand jury has first reviewed the evidence and determined that there is sufficient grounds for a trial. This process helps to ensure that indictments are based on legitimate and adequate evidence, protecting individuals from unjust prosecution.
The Fifth Amendment's grand jury clause specifically 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". This clause applies only to federal courts and does not extend to state-level prosecutions.
In the context of grand jury proceedings, the double jeopardy clause of the Fifth Amendment also comes into play. This clause protects individuals from being re-indicted or prosecuted multiple times for the same offense after an acquittal or conviction by a grand jury. However, it is important to note that this protection against double jeopardy does not apply to separate sovereigns, such as state and federal governments, who may independently prosecute the same act under their respective laws.
While the Fifth Amendment provides important protections for individuals during grand jury proceedings, it is not the only constitutional safeguard in play. The exclusionary rule, for example, prohibits the use of unlawfully obtained evidence as a basis for questioning witnesses before grand juries. Additionally, the Supreme Court has clarified that grand juries may not compel witnesses to produce books, papers, or other evidence that could incriminate them, further safeguarding the rights of individuals during the grand jury process.
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Protection from arbitrary taking of private property
The Fifth Amendment of the United States Constitution contains the Takings Clause, which limits the power of eminent domain by requiring “just compensation” if private property is taken for public use. The Takings Clause upholds the principle that the government should not force individuals to bear excessive burdens, even for an important public good. This means that the government cannot confiscate property, even with compensation, if it is not for public use.
The Fifth Amendment's protection from arbitrary taking of private property has been interpreted to apply to all forms of private property, including land, personal property, intangible property, and contractual rights. In the case of Kelo v. City of New London in 2005, the U.S. Supreme Court held that a city could constitutionally seize private property for private commercial development if it would economically benefit a distressed area. However, this decision was controversial, and some state legislatures passed amendments to expand protection for condemned property.
The Takings Clause also applies when the government seizes a specific pool of money or orders an individual to pay a specific amount. In these cases, "just compensation" means that the owner of the property receives at least the fair market value of the property in its best alternative use, independent of the government taking. While the compensation is usually paid in cash, it can also come in the form of a reciprocal or return benefit, such as an increase in the value of retained land due to government development.
The Due Process Clause of the Fifth Amendment acts as a safeguard against the arbitrary denial of life, liberty, or property by the government outside the sanction of law. This clause ensures that a party will receive a fundamentally fair, orderly, and just judicial proceeding before being deprived of life, liberty, or property.
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