");}
From the Constitution
Here is the text of the Fifth Amendment from the Constitution:
"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."
The Grand Jury
The first part of the amendment talks about a grand jury. The grand jury is a jury that decides if a trial should be held. They look at all the evidence and then decide if a person should be charged with a crime. If they decide there is enough evidence, then they will issue an indictment and a regular trial will be held. The grand jury is only used in cases where the punishment for the crime is severe such as life in prison or the death sentence.
Double Jeopardy
The next section protects the person from being tried for the same crime more than once. This is called double jeopardy.
Perhaps the most famous part of the Fifth Amendment is the right to not testify against yourself during a trial. This is often called "taking the fifth." The government must present witnesses and evidence to prove the crime and cannot force someone to testify against themselves.
You've probably heard the police on TV say something like "you have the right to remain silent, anything you say or do may be used against you in a court of law" when they arrest someone. This statement is called the Miranda Warning. Police are required to tell people this before they question them as part of the Fifth Amendment. It reminds citizens that they don't have to testify against themselves.
The amendment also states that a person has a right to "due process of law." Due process means that any citizen charged with a crime will be given a fair trial that follows a defined procedure through the judicial system.
The last section says that the government can't take a person's private property without paying them a fair price for it. This is called eminent domain. The government can take your property for public use, but they have to pay you a fair price for it.
Go here to see the original:
US Government for Kids: Fifth Amendment - Ducksters
- Fifth Amendment - The Text, Origins, and Meaning of the ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 5th Amendment - Revolutionary War and Beyond [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fifth Amendment to the United States Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Justices suggest public employees' testimony is protected [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- HST 330 fifth amendment presentation - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Police not sure if Sioux City murder suspect invoked 5th Amendment rights [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Christie Ally Samson Refuses to Give Documents to Lawmakers [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- House votes to hold ex-IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold ex-IRS official Lois Lerner in contempt of Congress [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House holds Lois Lerner in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold former IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Articles about Fifth Amendment - Los Angeles Times [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Former PA Chairman Samson Pleads Fifth - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- GOP-led House votes to hold former IRS official in contempt [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- No plans to arrest Lois Lerner, John Boehner says [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Im not going to testify: Witness pleads Fifth Amendment during Bangor triple murder trial [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Attorney: Defense told Corso will take Fifth [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Spokane County workers use Fifth Amendment in back-dating case - Thu, 22 May 2014 PST [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- Shawn Vestal: County permit clerical mishap raises eyebrows - Fri, 23 May 2014 PST [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Sexual abuse measure could lead to wrongful convictions, attorneys say [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- 5th Amendment - Laws.com [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Wildstein takes the 5th - Video [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Fifth Amendment (United States Constitution ... [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- New bill a powerful tool to imprison sex offenders [Last Updated On: September 3rd, 2014] [Originally Added On: September 3rd, 2014]
- Cristin Milioti in The Good Wife - Julianna Margulies - Video [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- Kansas Supreme Court: Grand jury violated man's Fifth Amendment rights [Last Updated On: September 6th, 2014] [Originally Added On: September 6th, 2014]
- Attorney Gwendolyn Solomon Petitions United States Supreme Court to Review Tenth Circuits Decision in Case of the IRP6 [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Texas man's conviction overturned because of Fifth Amendment violation [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Cop Says 'You Must Be Doing Something Wrong if You Invoke Your Rights' (Video) [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Public be damned Litchfield latest example [Last Updated On: September 14th, 2014] [Originally Added On: September 14th, 2014]
- Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Fifth Amendment - Video [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Top 5 Constitution-Related Searches at FindLaw.com [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- The Fifth Amendment Eminent Domain - Video [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Apple And Google Will Force A Legal Battle Over The Privacy Of Your Passcode [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Civics- The Fifth Amendment (Sarah Hutchinson) - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Google and Apple Wont Unlock Your Phone, But a Court Can Make You Do It [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- GOP fumes over Lerner remarks [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- Assistant to DeKalb CEO Ellis invokes 5th Amendment 30 times [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- GOP fumes as Lois Lerner talks to press but snubs Congress [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Cry us a river, Lois Lerner [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Can You Go to Jail for Refusing to Testify? [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- Fifth Amendment Projectb - Video [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official) - Video [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Joey Gallo Takes The Fifth Amendment - Video [Last Updated On: September 29th, 2014] [Originally Added On: September 29th, 2014]
- Batavia High School teacher John Dryden retires from school district [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Batavia High School teacher John Dryden retires [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- The Fifth Amendment Please Don't Leave Me Now - Video [Last Updated On: October 6th, 2014] [Originally Added On: October 6th, 2014]
- Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video) [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Batavia teacher previously involved in Fifth Amendment dispute retires [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- INFORMUCATE: THE FIFTH AMENDMENT - Video [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Code cases: Police want phone access, but some pass [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. part 2 - Video [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- Property Rights | Century Law Group - Video [Last Updated On: October 20th, 2014] [Originally Added On: October 20th, 2014]
- Agents questioned, Askar takes the Fifth in Trombetta hearing [Last Updated On: October 21st, 2014] [Originally Added On: October 21st, 2014]
- Scott and Crist have heated and personal final debate before November election [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Detective dodges questions about allegations made during rape investigation [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- Disciplinary hearing for SB officer moved to later date - Video [Last Updated On: October 27th, 2014] [Originally Added On: October 27th, 2014]
- Judge Rules Suspect Can Be Required To Unlock Phone With Fingerprint [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia judge: Police can demand a suspect unlock a phone with a fingerprint [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Court rules: Touch ID is not protected by the Fifth Amendment but Passcodes are [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Civil Rights and Civil Liberties - Fifth Amendment - Shh! The Right to Remain Silent - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Your Fingerprints Belong To Us: Iphone Users Forfeit 5th Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]
- All Your Fingerprints Are Belong To Us: iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]
- Log into Tax-News+ [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Editorial: Applying the Fifth Amendment in the era of smartphones [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Volokh Conspiracy: Virginia state trial court ruling on the Fifth Amendment and smart phones [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Fingerprints: iPhone Users Forfeit Fifth Amendment. - Video [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- New ruling may affect police access to smartphones - Video [Last Updated On: November 6th, 2014] [Originally Added On: November 6th, 2014]
- Why the Constitution Can Protect Passwords But Not Fingerprint Scans [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- Virginia state trial court ruling on the Fifth Amendment ... [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- Is taking the fifth amendment a bad idea? - Video [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- IT Security TV Show 4 November 2014 - iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- the fifth amendment happy parody project song for connections - Video [Last Updated On: November 8th, 2014] [Originally Added On: November 8th, 2014]
- 13-year-olds murder conviction overturned [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Your Fifth Amendment Rights DO NOT Cover Biometrics - Video [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Philadelphia charter school officials pleaded Fifth 77 times [Last Updated On: November 12th, 2014] [Originally Added On: November 12th, 2014]