The Bill of Rights - Fifth Amendment
In honor of the 230th anniversary of the ratification of the Bill of Rights and week 5, we move on the Fifth 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.
The Fifth Amendment to the United States Constitution is the source for the prohibition against Double Jeopardy, the requirement that people accused of “infamous” and capital crimes be charged by grand jury indictment, and cannot be compelled to testify against himself nor have his property, life, or liberty taken without due process.
Further reading:
Gamble v. United States, in which the Court addressed the question whether the dual sovereignty exception to the double jeopardy clause was still good law? Answer: “The Court declined to overturn the dual-sovereignty doctrine.”
Colorado v. Spring, in which the Court addressed the question: “Is the suspect’s awareness of the crimes about which he may be questioned relevant to his informed decision to waive his Fifth Amendment rights?” Answer: No.