Ammendment 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.

Breakdown...

Rights protected by the fifth amendment.  (Bill of Rights)

 1. The right to be indicted by an impartial Grand Jury before being tried for a federal criminal offense.

2. The right to be free from multiple prosecutions or punishments for a single criminal offense.

3. The right to remain silent when prosecuted for a criminal offense.

4. The right to have personal liberties protected by Due Process of Law.

5. The right to receive just compensation when the government takes private property for public use.

 The Grand Jury Clause of the Fifth Amendment has not been made applicable to state governments.

Grand juries do not determine guilt or innocence. Instead, they determine whether Probable Cause exists to believe that the accused has committed a crime, and they return an indictment (formal charge against the accused) if they do find probable cause.

The Double Jeopardy Clause of the Fifth Amendment prohibits state and federal governments from prosecuting twice for the same offense of a defendant who has already been acquitted or convicted. It also prevents state and federal governments from imposing more than one punishment for the same offense.

The Eminent Domain Clause permits the government to appropriate private property, both real estate and personal belongings, for a public purpose so long as the owner receives just compensation, which is normally equated with the fair market value of the property.

 Procedural due process is concerned with the process by which legal proceedings are conducted. It requires that all persons who will be materially affected by a legal proceeding receive notice of its time, place, and subject matter so that they will have an adequate opportunity to prepare. It also requires that legal proceedings be conducted in a fair manner by an impartial judge who will allow the interested parties to present fully their complaints, grievances, and defenses.

The Due Process Clause governs civil, criminal, and administrative proceedings from the pretrial stage through final appeal, and proceedings that produce arbitrary or capricious results will be overturned as unconstitutional. Government action must never be improper or unfair, and must strictly follow rules and steps set down by law.

The Self-Incrimination Clause applies to any state or federal legal proceeding, whether it is civil, criminal, administrative, or judicial in nature. This privilege is frequently invoked during the trial phase of legal proceedings, where individuals are placed under oath and asked questions on the witness stand.

Substantive Due Process is concerned with the content of particular laws that are applied during legal proceedings. Including the right of employers to determine the wages their employees would be paid and the number of hours they could work.

CASES:


Miranda V. Arizona 1966

Under the Fifth Amendment to the Constitution, you should not be forced to self- incriminate. 

  Miranda was  interrogated by two police officers for two hours in a room in which he was cut off from the outside world. The defendant was not given a full and effective warning of his rights at the outset of the interrogation process which resulted in a signed, written confession.  At trial, the written confession was presented to the jury.  Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count.  On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in obtaining the confession.

Lochner V. N.Y. 1905

State law can not enforce limitations on the number of hours a bakery owner could require for employees under the Due Process Clause of the 5th Amendment.

The Bakeshop Act was a New York state labor law which prohibited bakery employees from working for more than sixty hours per week or ten hours per day. Lochner permitted an employee to work in his bakery for more than sixty hours in one week and was convicted of his second offense and fined. Lochner appealed his conviction on the grounds that the law violated his freedom to contract under the Due Process Clause of the Fifth Amendment.

West Coast Hotel Co. V. Parrish 1937

Level of fair treatment, wages, conditions for everyone is higher priority than allowing people to make certain harmful decisions for themselves, and other people.

Washington instituted a state wage minimum for women and minors. The West Coast Hotel paid  Parrish less than this minimum wage.

In this video a man convicted of murder chooses to remain silent. The Supreme court rules, if you are not being held formally police do not have to inform you of your rights. Your silence can be used against you in court if you do not say "I choose to use my 5th amendment right to not incriminate myself." This man's silence was used against him in court to justify his guilt. Be informed of your rights!


This is a funny image that potrays how useful the fifth Amendment can be especially in cases of life and death.