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LSDefine

Simple English definitions for legal terms

Fifth Amendment

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A quick definition of Fifth Amendment:

The Fifth Amendment is a part of the US Constitution that protects people from being treated unfairly by the government. It says that a person can't be punished for a serious crime unless a group of people called a grand jury decides there is enough evidence to charge them. It also says that a person can't be put on trial twice for the same crime, can't be forced to say something that could make them look guilty, and can't be punished without a fair trial. Lastly, it says that if the government takes someone's property for public use, they have to pay the owner a fair price for it.

A more thorough explanation:

The Fifth Amendment is a part of the United States Constitution that outlines basic constitutional limits on police procedure. It was ratified with the Bill of Rights in 1791 and provides that a person cannot be:

  1. Required to answer for a capital or otherwise infamous offense unless a grand jury issues an indictment or presentment
  2. Subjected to double jeopardy
  3. Compelled to engage in self-incrimination on a criminal matter
  4. Deprived of life, liberty, or property without due process of law
  5. Deprived of private property for public use without just compensation

Here are some examples of how the Fifth Amendment works:

  • Grand Juries: The grand jury system is a holdover from early British common law and was intended to protect the accused from overly-zealous prosecutions by the English monarchy. The Fifth Amendment requires that a grand jury issue an indictment or presentment before a person can be charged with a capital or infamous crime. This means that a group of citizens must review the evidence and decide whether there is enough probable cause to believe that the person committed the crime.
  • Double Jeopardy: The Double Jeopardy Clause aims to protect against the harassment of an individual through successive prosecutions of the same alleged act. This means that a person cannot be tried for the same crime twice, even if new evidence comes to light.
  • Self-Incrimination: The Fifth Amendment protects criminal defendants from having to testify if they may incriminate themselves through the testimony. This means that a person can "plead the Fifth" and not answer if they believe answering the question may be self-incriminatory.
  • Due Process Clause: The Due Process Clause requires the government to respect all rights, guarantees, and protections afforded by the U.S. Constitution and all applicable statutes before the government can deprive any person of life, liberty, or property. This means that a person is entitled to a fundamentally fair, orderly, and just judicial proceeding.
  • Just Compensation Clause: The Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property if the government takes private property for public use. This means that the government cannot take someone's property without paying them a fair price for it.

Overall, the Fifth Amendment is an important protection for individuals against government overreach and abuse of power. It ensures that people are not unfairly prosecuted, forced to incriminate themselves, or deprived of their rights without due process of law.

FIFO accounting | fighting words

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