![]() ![]() ![]() Interesting Facts about the Fifth Amendment The government can take your property for public use, but they have to pay you a fair price for it. The last section says that the government can't take a person's private property without paying them a fair price for it. The amendment also states that a person has a right to "due process of law." Due process means that any citizen charged with a crime will be given a fair trial that follows a defined procedure through the judicial system. It reminds citizens that they don't have to testify against themselves. Police are required to tell people this before they question them as part of the Fifth Amendment. This statement is called the Miranda Warning. You've probably heard the police on TV say something like "you have the right to remain silent, anything you say or do may be used against you in a court of law" when they arrest someone. This is often called "taking the fifth." The government must present witnesses and evidence to prove the crime and cannot force someone to testify against themselves. Perhaps the most famous part of the Fifth Amendment is the right to not testify against yourself during a trial. The next section protects the person from being tried for the same crime more than once. The grand jury is only used in cases where the punishment for the crime is severe such as life in prison or the death sentence. If they decide there is enough evidence, then they will issue an indictment and a regular trial will be held. They look at all the evidence and then decide if a person should be charged with a crime. ![]() The grand jury is a jury that decides if a trial should be held. The first part of the amendment talks about a grand jury. "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." Here is the text of the Fifth Amendment from the Constitution: We'll explain each of these in more detail below. It covers a number of topics and issues including the grand jury, double jeopardy, self-incrimination ("taking the fifth"), due process, and eminent domain. The Fifth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. ![]()
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