Hidden within the legalese of the Fifth Amendment of the Constitution are several well-known laws, most of which play important roles in criminal cases and another which is prominent in civil matters.
The text of the Amendment reads:
“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.”
A sizeable portion of the public may recognize references to this amendment from the well-known phrases “Taking the Fifth” or “Pleading the Fifth”, which are invoked by accused criminals in courts when they are asked to give testimony that could be used to incriminate them. The relevant portion of the Amendment allows the accused to decline to answer incriminating questions without penalty. The 1966 case of Miranda v. Arizona further established that accused criminals must be advised of their Fifth Amendment rights. In Miranda, police obtained a written confession from Ernesto Miranda after a two-hour interrogation. Mr. Miranda was unaware that he had the right not to communicate with police without an attorney present. The Supreme Court in Miranda ensured that a defendant’s decision to speak with the police is made of his or her own free will and is in no way coerced.
But only a small portion of the public likely associates the Fifth Amendment with the Double Jeopardy clause, one of two Due Process clauses and the Takings Clause.
‘Double Jeopardy’ is simple and recognizable (there was even a movie made by that title starring Ashley Judd which dealt with the substance of the clause). Essentially, the clause states that a person cannot be tried twice in federal court for the same offense. That is, once an accused is tried and found guilty or innocent of a crime, he or she cannot be made to return to federal court on that charge. All states have adopted the double jeopardy standard as well.
The Magruder Report on the Fifth Amendment will conclude next month with a look at the Due Process Clause and the Takings Clause.
