THE QUESTION:
What is the fifth amendment?
THE QUOTE:
“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 offence 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.”
The Fifth Amendment
The Fifth Amendment of the Constitution has different rights that collectively contribute to the rights of the accused against the government’s power. Each of the clauses protects citizens against certain mistreatments and unfair processes under the law. Like many of the amendments, this was written to counter the injustices the colonists faced from Great Britain.
Grand Jury
The first part, the grand jury, was a concept dating back to the Magna Carta, a legal document from the Middle Ages in Great Britain. It ensured that people accused of a crime would not face a biased prosecutor or judge alone and would have other people decide his or her fate.
Double Jeopardy
The next clause refers to double jeopardy, a legal right that ensures people are not put on trial for the same thing twice. The exception, however, is for appeals of a case and if the case is tried in both state and federal court.
Miranda Warning “The Right to Remain Silent”
The next right is known now as the Miranda right. The famous right to remain silent. When being detained or interrogated, you have the right to not testify against yourself or talk to them. They are able to try and convince you to speak but a lawyer being present can help prevent this.
Eminent Domain
The last section covers compensation. When the government seizes either your property or resources, you must be compensated for them. For example, eminent domain laws allow the government to take someone’s land and do what they want on it as long as they pay the owner of it. This law was designed to stop a government from overstepping its grounds and seizing the property of citizens. Overall, these laws of the fifth amendment combine to protect people from the powers of a potentially corrupt or authoritarian government.
This is what the fifth amendment is and what it protects people from. As always, I’m Joseph Pool, your Poolitician and thank you for plunging into politics!
