[PDF] 5th amendment rights simplified

Overview

Fifth Amendment, amendment (1791) to the Constitution of the United States, part of the Bill of Rights, that articulates procedural safeguards designed to protect the rights of the criminally accused and to secure life, liberty, and property. For the text of the Fifth Amendment, see below.

Grand juries

Similar to the First Amendment, the Fifth Amendment is divided into five clauses, representing five distinct, yet related, rights. The first clause specifies that “[n]o 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...

Double jeopardy

The second section is commonly referred to as the “double jeopardy” clause, and it protects citizens against a second prosecution after an acquittal or a conviction, as well as against multiple punishments for the same offense. Caveats to this provision include permissions to try persons for civil and criminal aspects of an offense, conspiring to c...

Self-incrimination

The third section is commonly referred to as the “self-incrimination” clause, and it protects persons accused of committing a crime from being forced to testify against themselves. In the U.S. judicial system a person is presumed innocent, and it is the responsibility of the state (or national government) to prove guilt. Like other pieces of evidence, once presented, words can be used powerfully against a person; however, words can be manipulated in a way that many other objects cannot. Consequently, information gained from sobriety tests, police lineups, voice samples, and the like is constitutionally permissible while evidence gained from compelled testimony is not. As such, persons accused of committing crimes are protected against themselves or, more accurately, how their words may be used against them. The clause, therefore, protects a key aspect of “the system” as well as the rights of the criminally accused.

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What rights are provided by the 5th Amendment?

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

What are the five clauses of the Fifth Amendment?

The amendment was ratified by all the U.S. states on December 15, 1791, and included all the original five clauses in the final draft of the amendment. The five clauses include the Due Process Clause, Takings Clause, Self Incrimination Clause, Double Jeopardy Clause, and the Grand Jury Clause.

What rights does the Fifth Amendment provide in civil legal proceedings?

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

What criminal cases are protected by the Fifth Amendment?

The text of the Fifth Amendment technically only applies to federal felonies. While all states have laws that permit grand juries, only about half use grand juries, it also only applies to “infamous” or “capital crimes.” This means any crime with a penalty of more than one year of incarceration, a felony, or a crime that permits the death penalty.

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