What does the 5th amendent mean?

Question

i can't understand, and was wondering if there is any easier way to understand it.

Answer 1

The main point is this: a defendant (or potential defendant) in a criminal trial may remain mute in any court. And no adverse conclusion may be drawn from this. (Unlike in England, where a new law allows the prosecution to make a statement inviting the jury to draw adverse conclusions from a defendant's silence.)

There is also the right to arraignment and indictment by a grand jury, although today these are not great protections since grand juries rarely refuse an indictment requested by the prosecutor.

The Amendment has a kicker, however: by calling the defense against terrorism a "war", can the President evade the protections of the Amendment and make political enemies he deems dangerous into enemy combatants ineligible for protection?

The issues of "due process" and the takings clause (recently in the news after an unfavorable Supreme Court decision in a Connecticut case led to legislation in many states on the eminent domain issue) are quite important.

And double jeopardy: one is entitled to a public hearing and a public defense. One cannot be tried twice BY THE SAME SOVEREIGN for the same crime (but one can be tried both by a state or Indian tribal court or a foreign court AND a federal court for the same act unless (as in the California constitution, a state prohibits it). Britain has recently eliminated the double jeopardy protection in "important" cases.

Now read the 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."

Answer 2

Actually the 5th amendment covers several areas: (1) a protection against being charged with a capital or serious crime (felony) except on indictment by a Grand Jury, (2) a protection against being subject to being put in jeopardy for the same crime twice (i.e. if you are acquited of a charge, the government cannot charge you with the same crime again (double jeopardy), (3) you cannot be compelled in a criminal case to be a witness against yourself, (4) you cannot be deprived of life, liberty or property without due process of law (i.e. if the state makes an attempt to
take either your life, liberty or property, it can only do so with due process which usually means a right to a hearing or trial before a judge and jury), and finally, the 5th prohibits the state from taking your private property without paying just compensation. There are some exceptions to all the above but it pretty well sums up the process in general.
The 5th is most frequently identified because of the portion that prohibits the state from requiring a defendant to bear witness against himself. Thus you may hear many suspects at congressional hearings when they are placed under oath (and thus subject to perjury) answer with a statement such as: "I regret that I cannot answer that question on the grounds that it may incriminate me." It is also the reason that many defendants do not take the witness stand at their own trials.
It is an extremely important right established because under British rule and King George, a defendant could be required to incriminate himself because he had no right to refuse. Under our system of criminal justice, you are presumed innocent, a presumption that the prosecution must overcome with evidence independent of requiring the defendant to testify against himself.
I hope this helps but if you need anything more, please feel free to ask.

Answer 3

There are at least five separate clauses.

One part guarantees that any taking of liberty and property will occur pursuant to due process, and that property cannot be taken without just compensation.

Another clause prevents a person from being compelled to testify against their own interests in criminal court.

Then there's the double jeopardy clause, which prevents the same authority (state or federal) for trying a person more than once for commission of the same crime.

There's also the Grand Jury clause, which requires additional steps in creating a federal indictmetn on criminal charges.

Any particular part that you want explained in greater detail?

Answer 4

The 5th amendment guarantees due process of law and protects a witness against self-incrimination (you don't have to testify against yourself), and governs custodial interrogation ("you have the right to remain silent" - the Miranda Warning). Due process is the protection of all of a person's legal rights by limiting laws and legal process in order to guarantee fairness & justice, like telling a person why they are being charged, and preventing cruel & unusual punishment.

It also limits the power of eminent domain without just compensation (the government can't take your land without paying a fair price for it), It covers the granting of immunity of witnesses testifying in court.

Answer 5

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.

First:

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...

This means that you have the right to an indictment before a Grand Jury for an infamous crime... a prosecutor cannot just charge you with the crime.

Second:

Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb...

This is known as "Double Jeopardy"... in other words... you cannot be charged again with the same crime after you have been found innocent of the crime by a jury.

Third:

Nor shall be compelled in any criminal case to be a witness against himself...

"I plead the 5th" or self-incrimination... you cannot be forced to testify against yourself.

Fourth:

Nor be deprived of life, liberty, or property, without due process of law...

Just what this states... you cannot lose your life, liberty (freedom), or property without being fully tried and convicted of a crime. Also, known as "Due process."

Fifth:

Nor shall private property be taken for public use, without just compensation...

This is also known as "eminent domain"... which is the right of the government to acquire private property for its use... but only with just compensation being given to the owner.

Hope this helps!

Answer 6

You have the right to remain silent and guarantees your rights against self incrimination. You cannot be compelled to witness against yourself.

Answer 7

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, (NEEDS A WARRANT) 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;("DOUBLE JEOPARDY" - CANNOT BE TRIED TWICE FOR THE SAME CRIME JUST BECAUSE THE STATE FAILED TO OBTAIN A CONVICTION THE FIRST TIME) nor shall be compelled in any criminal case to be a witness against himself,(CANNOT BE MADE TO MAKE TESTIMONY THAT WOULD BE DAMAGING TO ONE'S SELF) nor be deprived of life, liberty, or property, without due process of law;(CANNOT BE PUT INTO PRISON OR HELD IN JAIL WITHOUT BEING FORMALY CHARGED WITH, OR CONVICTED OF A CRIME IN A COURT OF LAW) nor shall private property be taken for public use, without just compensation." (EMINENT DOMAIN - GOV'T CAN TAKE LAND FOR THE PUBLIC BENEFIT, BUT MUST BE BOUGHT AT THE FAIR (PREVAILING) MARKET PRICE)

Answer 8

You can not be legally forced to give self incriminating testimony.

Answer 9

It means you cannot incriminate yourself, so you are not required to make a statement.

Answer 10

it is the right that we all have not to incriminate ourselves (testify against ourselves) where we could be charged with a crime and found guilty