Fifth Amendment to the United States Constitution

Fifth AmendmentFifthU.S. Const. amend. VTakings Clause5th AmendmentU.S. Const. amends. VFifth Amendments5thFifth Amendment to the U.S. Constitutionplead the Fifth
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution.wikipedia
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United States constitutional criminal procedure

criminal procedureconstitutional criminal procedureconstitutional provision concerning criminal procedure
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution.
More criminal procedure provisions are contained in the United States Bill of Rights, specifically the Fifth, Sixth, and Eighth Amendments.

Double Jeopardy Clause

dual sovereigntydouble jeopardydual sovereignty doctrine
Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. Every one of the five clauses in the final amendment appeared in Madison's draft, and in their final order those clauses are the Grand Jury Clause (which Madison had placed last), the Double Jeopardy Clause, the Self Incrimination Clause, the Due Process Clause, and then the Takings Clause.

Miranda v. Arizona

MirandadefinedMiranda Rule
In the 1966 case of Miranda v. Arizona, the Supreme Court held that the self-incrimination clause requires the police to issue a Miranda warning to criminal suspects interrogated while under police custody.
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution prevents prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.

Substantive due process

substantivedue processDue Process Clause
The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process, which protects certain fundamental rights from government interference.
Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law".

Equal Protection Clause

equal protectionequal protection of the lawsEqual Protection Clause of the Fourteenth Amendment
The Supreme Court has also held that the Due Process Clause contains a prohibition against vague laws and an implied equal protection requirement similar to the Fourteenth Amendment's Equal Protection Clause.
While the Equal Protection Clause itself applies only to state and local governments, the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment nonetheless imposes various equal protection requirements on the federal government via reverse incorporation.

Grand juries in the United States

grand juryfederal grand jurycivil grand jury
One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Every one of the five clauses in the final amendment appeared in Madison's draft, and in their final order those clauses are the Grand Jury Clause (which Madison had placed last), the Double Jeopardy Clause, the Self Incrimination Clause, the Due Process Clause, and then the Takings Clause.
The Fifth Amendment to the United States Constitution provides that "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 . . . ."

United States Bill of Rights

Bill of RightsU.S. Bill of RightsUS Bill of Rights
It was ratified in 1791 as part of the Bill of Rights.
The convention's proposed amendments included a requirement for grand jury indictment in capital cases, which would form part of the Fifth Amendment, and an amendment reserving powers to the states not expressly given to the federal government, which would later form the basis for the Tenth Amendment.

Exclusionary rule

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For example, the exclusionary rule does not apply to certain evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth, Fifth or Sixth amendments cannot be introduced in court.
The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law".

Capital punishment in the United States

death penaltycapital punishmentsentenced to death
Whether a crime is "infamous", for purposes of the Grand Jury Clause, is determined by the nature of the punishment that may be imposed, not the punishment that is actually imposed; however, crimes punishable by death must be tried upon indictments.
The Fifth Amendment was drafted with language implying a possible use of the death penalty, requiring a grand jury indictment for "capital crime" and a due process of law for deprivation of "life" by the government.

Fourteenth Amendment to the United States Constitution

Fourteenth Amendment14th AmendmentFourteenth
The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment.
The Due Process Clause of the Fourteenth Amendment applies only against the states, but it is otherwise textually identical to the Due Process Clause of the Fifth Amendment, which applies against the federal government; both clauses have been interpreted to encompass identical doctrines of procedural due process and substantive due process.

United States v. Moreland

In United States v. Moreland, the Supreme Court held that incarceration in a prison or penitentiary, as opposed to a correction or reformation house, attaches infamy to a crime.
The case involved a Fifth Amendment rights issue centering on whether or not hard labor was an infamous punishment (thus triggering the necessity of a grand jury indictment) or whether imprisonment in a penitentiary was a necessity for punishment to be considered infamous.

Constitution of the United States

United States ConstitutionU.S. ConstitutionConstitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution.
The Fifth Amendment (1791) establishes the requirement that a trial for a major crime may commence only after an indictment has been handed down by a grand jury; protects individuals from double jeopardy, being tried and put in danger of being punished more than once for the same criminal act; prohibits punishment without due process of law, thus protecting individuals from being imprisoned without fair procedures; and provides that an accused person may not be compelled to reveal to the police, prosecutor, judge, or jury any information that might incriminate or be used against him or her in a court of law.

Eminent domain

compulsory purchaseexpropriatedcondemnation
The Fifth Amendment also contains the Takings Clause, which allows the federal government to take private property for public use if the government provides "just compensation."
The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner.

Heath v. Alabama

In Heath v. Alabama (1985), the Supreme Court held, that the Fifth Amendment rule against double jeopardy does not prohibit two different states from separately prosecuting and convicting the same individual for the same illegal act.
Heath v. Alabama, 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty" (the concept that the United States and each state possess sovereignty – a consequence of federalism), the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an act of which they had already been convicted of and sentenced for in another state.

Miranda warning

Miranda rightsMiranda'' warningMiranda
In the 1966 case of Miranda v. Arizona, the Supreme Court held that the self-incrimination clause requires the police to issue a Miranda warning to criminal suspects interrogated while under police custody.
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of their Fifth Amendment right against compelled self-incrimination.

Indictment

indictedindictindictments
One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Whether a crime is "infamous", for purposes of the Grand Jury Clause, is determined by the nature of the punishment that may be imposed, not the punishment that is actually imposed; however, crimes punishable by death must be tried upon indictments.
The Fifth Amendment of the United States Constitution states in part: "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".

John Lilburne

Lilburne
In the most famous case John Lilburne refused to take the oath in 1637.
It is this trial that has been cited by constitutional jurists and scholars in the United States of America as being one of the historical foundations of the Fifth Amendment to the United States Constitution.

Procedural due process

proceduraldue process
The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process, which protects certain fundamental rights from government interference.
Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution.

Self-incrimination

self incriminationprivilege against self-incriminationself-incriminating
Every one of the five clauses in the final amendment appeared in Madison's draft, and in their final order those clauses are the Grand Jury Clause (which Madison had placed last), the Double Jeopardy Clause, the Self Incrimination Clause, the Due Process Clause, and then the Takings Clause.
The Fifth Amendment to the United States Constitution protects the accused from being forced to incriminate themselves in a crime.

Grand jury

grand juriesfederal grand jurygrand juror
The grand jury is a pre-constitutional common law institution, and a constitutional fixture in its own right exclusively embracing common law.
The Fifth Amendment to the Constitution of the United States 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..."

Ex parte Bain

In Ex Parte Bain, the Supreme Court held that the indictment could not be changed at all by the prosecution.
The grand jury indictment was changed, therefore there was no valid grand jury indictment as required for federal arrests under the Fifth Amendment to the United States Constitution.

Fourth Amendment to the United States Constitution

Fourth AmendmentFourthU.S. Const. amend. IV
For example, the exclusionary rule does not apply to certain evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth, Fifth or Sixth amendments cannot be introduced in court.
This contrasts with Fifth Amendment rights, which cannot be relinquished without an explicit Miranda warning from police.

Fundamental rights

fundamental rightfundamental freedomsbasic rights
The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process, which protects certain fundamental rights from government interference.
For example, states are not required to obey the Fifth Amendment's requirement of indictment by grand jury.

McCarthyism

McCarthy eraSecond Red ScareRed Scare
Under the Red Scare hysteria at the time of McCarthyism, witnesses who refused to answer the questions were accused as "fifth amendment communists".
In the future, witnesses (in the entertainment industries and otherwise) who were determined not to cooperate with the committee would claim their Fifth Amendment protection against self-incrimination.

Hollywood blacklist

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Other entertainers such as Zero Mostel found themselves on a Hollywood blacklist after taking the Fifth, and were unable to find work for a while in show business.
In fact, the legal tactics of those refusing to testify had changed by this time; instead of relying on the First Amendment, they invoked the Fifth Amendment's shield against self-incrimination (though, as before, Communist Party membership was not illegal).