Amendment V
Ratified: December 15, 1791
Summary
Guarantees rights to due process, and protection against self-incrimination and double jeopardy.
Full Text
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.
History and Context
The Fifth Amendment is a fortress of legal protections for the accused. It stands as a powerful shield against the immense power of the government in a criminal prosecution. Drawing on centuries of English common law, including the Magna Carta, the framers packed this amendment with a series of procedural safeguards designed to ensure that no person is railroaded by the state. It is a testament to the principle that it is better for the guilty to go free than for the innocent to be unjustly punished.