The Fifth Amendment to the United States Constitution was ratified in 1791 as part of the Bill of Rights. It outlines several constitutional rights that limit governmental powers focusing on criminal procedures. The Fifth Amendment protects individuals from being forced to incriminate themselves, which is defined as exposing oneself (or another person) to "an accusation or charge of crime", or as involving oneself (or another person) "in a criminal prosecution or the danger thereof". 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 also guarantees the right to a grand jury in criminal cases, forbids "double jeopardy," and protects against self-incrimination. It also protects individuals from being deprived of life, liberty, or property without due process of law. Private property cannot be taken for public use without just compensation.
The Fifth Amendment is capable of breaking down into the following five distinct constitutional rights:
- The right to indictment by the grand jury before any criminal charges for felonious crimes
- A prohibition on double jeopardy
- A right against forced self-incrimination
- A guarantee that all criminal defendants will have a fair trial
- A right to due process of law
While the Fifth Amendment originally only applied to federal courts, the U.S. Supreme Court has partially incorporated the Fifth Amendment to the states through the Due Process Clause of the Fourteenth Amendment. The right to indictment by the grand jury has not been incorporated, while the right against double jeopardy, the right against self-incrimination, and the protection against arbitrary taking of private property without due compensation have all been incorporated into the states.
In summary, the Fifth Amendment is a constitutional amendment that outlines several rights that limit governmental powers focusing on criminal procedures. It protects individuals from being forced to incriminate themselves, guarantees the right to a grand jury in criminal cases, forbids "double jeopardy," and protects against being deprived of life, liberty, or property without due process of law.
