Bill of Rights Series: The Fifth Amendment

Ever hear the term “I plead the Fifth?”  Well, this is what that person is referring to.

The Fifth Amendment reads as:

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.

Lets break it down…

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,

This part means that you cannot be held for a crime without being formally charged with the evidence needed to show the authorities have probable cause to believe you are possibly guilty.

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;

Unless you are military during war or national disaster or local disaster that puts the public in danger.

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

You can’t be charged with the same crime again.  Once a verdict has been found, guilty or not guilty, you cannot be tried for the same crime again.  That is unless the first trial was tainted and found not to be a fair trial… meaning fair to both sides.

nor shall be compelled in any criminal case to be a witness against himself,

You have the right not to incriminate yourself.

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.

The government cannot take your personal property away from you, if you are not guilty of a crime, without paying you a fair amount.  That is usually fair market value.

Violation of your Fifth Amendment rights…

There are many cases in which the Fifth Amendment have been violated.  I suspect this is probably the most violated right simply because the accused doesn’t know the extent of their rights.  You can Google “Fifth Amendment Violations” and find a litany of cases.  Some examples are:

Foo Fong vs The United States

The Blockburger Test

A.E. vs Grant County Middle School

These are just three of the thousands of examples out there.  Before you screw yourself, make sure you know your rights.

Always remember, there are those of us who will defend you.  We would rather die of our feet than live on our knees.

III% Forever

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