CONSTITUTIONAL LAW1.6 FIFTH AMENDMENT

Fifth Amendment

"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."

Grand Juries

A grand jury is a group of 16 to 23 people who decide whether there is reason to believe a person has committed a crime and should stand trial. They do not have to have a unanimous

verdict. They meet in secret. They do not determine a person’s guilt.

Double Jeopardy

A person can not be tried again after an acquittal

A person can not be tried again after they have been convicted

A person can not receive multiple punishments for the same offense

Self-Incrimination

Self-incrimination is giving evidence and answering questions that would tend to subject one to criminal prosecution. A suspect has the right to remain silent and

cannot be forced to testify against himself. In Miranda v. Arizona, the Supreme Court ruled

that officers must inform the accused of their rights before questioning begins. If a suspect is questioned but not told their rights, any

statements they made can be excluded from the trial. However, if a person spontaneously gives the police information, those statements can be used in court.

Due Process

Due process is the idea that every person involved in a legal dispute is entitled to a fair hearing or trial. Substantive due process: your basic

freedoms must be protected during the trial.

Procedural due process: the trial must run fairly and follow the law.

Just Compensation

Eminent domain: the power of the government to take private property for public use, following the payment of just compensation to the owner of that property. If the federal government takes an individual’s

private property for public use, they must pay a fair price for it—typically, market value.

In Kelo v. City of New London, the U.S. Supreme Court ruled that a city could seize private property for private commercial development, provided that the property would benefit more than a private group of individuals.