Amendment 5

constitution

Amendment 5

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.

Important Case Law

Miranda v. Arizona, 1966

The Court ruled and established the verbiage of the Miranda Rights, which declared that before someone was taken into police custody and interrogated, they were to be informed of the Fifth Amendment to not make any self-incriminating statements that could be used against you in court.

Smith v. Massachusetts, 2004

The Court clarified that a mid-trial acquittal followed by a second trial is a double jeopardy, and therefore is considered a violation of the Fifth Amendment; unless the state has instituted laws specifically handling this case.

Blockburger v. United States, 1932

The Court held that if one breaks two different laws in the process of one single act, the person can be tried separately two time; one for each broken law.

Additional Important Cases