what is the fifth amendment

what is the fifth amendment

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Nature

The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified in 1791 as part of the Bill of Rights. The Fifth Amendment includes the following protections:

  • Grand Jury: 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.

  • Double Jeopardy: No person shall be subject for the same offense to be twice put in jeopardy of life or limb.

  • Self-Incrimination: No person shall be compelled in any criminal case to be a witness against himself. The Fifth Amendment also protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory.

  • Due Process: No person shall be deprived of life, liberty, or property, without due process of law. The Fifth Amendments Due Process Clause applies to the federal government, while the Fourteenth Amendments Due Process Clause applies to state governments.

  • Property Rights: Property under the Fifth Amendment includes contractual rights stemming from contracts between the United States, a U.S. state or any of its subdivisions and the other contract partner(s), because contractual rights are property rights for purposes of the Fifth Amendment.

The Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment.

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