The 5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on
presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or
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.
What does the 5th Amendment Guarantee?
1. Presentment or indictment by a grand jury
2. No double jeopardy
3. The right against self-incrimination
4. The right to due process
5. Eminent Domain
Presentment or indictment by a grand jury
Grand Jury- a body of citizens who formally look at evidence in the hands of the prosecutor and
decide if there is enough to start or continue formal proceedings.
1. Consists of 16-23 members
2. Proceeding are secret
3. Defendant only has the right against self incrimination, and no other
4. Jurors may ask defendant questions
5. Has not been nationalized by the Supreme Court
Indictment- a document containing charges against a person and stating the statue(s) he or she
A person my not be tried twice for the same crime.
Exceptions- Violate state and federal law (robbing a bank)
Jury fails to agree (hung jury)
Appeals to a higher court
First trial ruled unfair (mistrial)
Criminal and Civil suit at the state level
A person cannot be forced incriminate his/herself by giving testimony that would prove his/her
own guilt. (Does not include giving a hair sample, exhibiting a body part covered by clothing,
Also protects the spouse, doctor, and priest of the defendant
Miranda Warnings- Miranda v. Arizona
There are certain fundamental rights and guarantees that cannot be taken aw