The Fifth Amendment 

“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.”

This amendment breaks down into five rights or protections against federal overreach or abuse. 1. Felony (major) crimes, destined to be tried in a federal court, require grand juries.
2. Misdemeanors, must offer a jury trial and Due Process.
3. The accused cannot be tried for the same crime twice (double jeopardy).
4. The accused cannot be forced to testify against him or herself. (taking the Fifth)
5. If government sees fit to take your property for public use it must pay for it as valued at the time of taking.

As in much of America’s constitutional writings the founding fathers borrowed legalities already in existence in pre-Revolutionary War England. In 1215 King John signed the Magna Carta that insured protection against an authoritarian government.

Trivia:
1. America is the only country that offers grand juries which some view as “focus groups” to decide whether there is enough support for a trial.
2. The Double Jeopardy clause was in part introduced to keep the federal government that has unlimited funds away from hounding the accused, over and over again.
3. The Self-Incrimination clause was enacted to end torture which had a history of extracting fake guilty pleas just to stop the pain and suffering.
4. It is possible for the accused to be tried for the same crime twice if both the federal government and the state (or states) can show that the criminal violated separate offenses.

Sources:
constitutioncenter.org/
constitution.congress.gov/
law.cornell.edu/

The Fifth Amendment was signed December 15, 1791 along with nine others that formed the Bill Of Rights to the U.S. Constitution.

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