The Fifth Amendment to the United States Constitution was adopted in 1791. It is part of the Bill of Rights, the first ten amendments. And it gives important protections to people in the criminal justice system and when the government takes private property.
5th Amendment (Kid Version)
The Fifth Amendment protects people and says 5 things:
- Grand Jury: The government needs a grand jury for federal charges
- Double Jeopardy: You can not be tried twice for the same crime
- No Self-Incrimination: You can not be forced to confess to a crime
- Due Process: The government must use fair rules to persecute you
- Eminent Domain: The government must pay a fair price if it takes private property for public use.
What does the Fifth Amendment say?
“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.”
Grand Jury (What is it?)
A grand jury is a group of fellow citizens that hear a criminal case. They are presented evidence and decide if there is enough to charge someone with a crime. The 5th Amendment allows you the right to a grand jury before a formal case.
Important Note: Not all states use grand juries the same way. States are not required to use them for all felony cases.
Double Jeopardy (Not Tried for a Crime Twice)
Double jeopardy is when you are charged for the same crime twice. The 5th Amendment protects against this, meaning it can not happen. If you are found innocent, then you are not allowed to be tried again!
Important Note: Double jeopardy only applies to the same crime. You can be tried for a different crime.
Self Incrimination (“Plead the Fifth”)
The 5th Amendment protects you from being forced to give testimony against yourself. This means you will not be in trouble for lying under oath (another crime).
This is usually tied to the Miranda Rights read to someone after they are arrested or in police custody.
Due Process (Government Rules)
Due process is the term for the idea that the government must follow rules before taking away someone’s life, liberty, or property. This is how the 5th Amendment protects you from the government putting you in jail for no reason. Or stealing your property.
Eminent Domain (Taken With Fair Compensation)
The Eminent Domain clause of the 5th Amendment says that the government can take any private property from you, as long as it is used for Public use. It also protects you since the government must pay a fair price for the property.
Fifth Amendment Simplified (Kid Friendly)
- Grand Jury: A group of people from your city hear evidence and decide if there is enough evidence to have a trial.
- Double Jeopardy: Someone is found not guilty of a crime. The government can not try them for that same crime.
- Pleading the Fifth: A person does not have to answer police questions that could be used against them in court.
- Due Process: The government must follow all steps of criminal proceedings.
- Eminent Domain: The government pays you a fair price for your house to build a road on your property.
More Details on the 5th Amendment
Amendments 4-8 focus on the rights of people who are suspected of committing a crime or causing damage to others. The Fifth Amendment covers several topics, including the grand jury, double jeopardy, due process of law, and self-incrimination.
Let’s break down the Fifth Amendment and explain what each of these important concepts means.
We just did a summary of the Fifth Amendment, and below you will find more details about the key parts of it.
Grand Jury
The first part of the Fifth Amendment is about a grand jury. A grand jury is a group of people that helps decide if a case should go to trial.
The grand jury hears evidence from a prosecutor about potential crimes. If they think there is evidence to charge the person with a crime, they can issue an indictment. Then, a regular trial is held.
Grand juries are typically only used for serious crimes (like felonies). For some of these, the punishment may be death or a life sentence. Also, states are not required to use grand juries because the Supreme Court does not require it.
Double Jeopardy
The next part of the amendment says that a person cannot “be subject for the same offense to be twice put in jeopardy of life or limb.”
We call this “double jeopardy.” It means that someone can’t go to trial twice for the same crime. They also can’t receive multiple punishments for the same crime.
Right Against Self-Incrimination
Next, the Fifth Amendment protects people from being “compelled in any criminal case to be a witness against himself.”
This right means that people don’t have to reveal any information to the police. Police can’t force someone to confess. Prosecutors must come up with other evidence to prove the case.
This is the most famous part of the Fifth Amendment. It’s why you’ve probably heard people say, “I take the Fifth,” or, “I plead the Fifth” on TV shows.
It’s also the reason police officers give a Miranda Warning before questioning someone about a crime: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.”
There are limits to the right against self-incrimination, however. This right applies only to speaking, writing, or nodding to indicate a confession.
Other types of evidence, like DNA, fingerprints, or hair and blood samples may be used. If someone confesses voluntarily, like in a diary or to a friend, this can also be used in court.
Due Process
The right to due process was first recognized in 1215, when the Magna Carta was adopted in England.
“Due process” isn’t clearly defined in the Fifth Amendment. Historically, this right means that someone can’t be imprisoned for a crime without first going through a fair process.
People have the right to fair procedures, like trials, the opportunity to confront witnesses, the right to hire a lawyer, and so on. Most of these rights are described in constitutional amendments 4-8.
Eminent Domain
The last part of the Fifth Amendment is often referred to as “eminent domain.” It means that the government can’t take someone’s private property without paying a fair price for it.
The government does have the right to take private property for a purpose that benefits the public, like a highway or park. However, they must pay the owner a reasonable price.
Other Interesting Facts About the Fifth Amendment
- At first, the Fifth Amendment only applied to federal courts (courts at the national level). The Fourteenth Amendment expanded it to apply to state courts too (with the grand jury indictment being an exception)
- The Fifth Amendment protects individuals, but it may not protect businesses and corporations, they do not have self incrimination privilege.
- The state of New York originally suggested that due process of law be included in the Constitution. The clause was later written by James Madison.
- “Due process” is the only phrase that appears twice in the Constitution, once in the Fifth Amendment and later in the Fourteenth Amendment.
Learn more about the Bill of Rights here.
What is the 5th Amendment?
The Fifth Amendment is part of the Bill of Rights and includes many protections, including: a grand jury for federal charges, double jeopardy, self incrimination, due process, and eminent domain compensation.
What is the Fifth Amendment in simple terms?
The government must follow rules: the can not force you to confess to a crime, they can not try you twice for the same crime, and they must pay you fairly when taking private property.
What does “I plead the fifth” mean?
It means someone is exercising their right to not self incriminate. They do not have to say anything to police.
When was the 5th Amendment adopted?
The Fifth Amendment is part of the Bill of Rights and was adopted in 1791.
