Amendment V

Amendment V Interpretive

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.

A case must be taken up by the grand jury, with enough information and evidence to hold a case. After a case is closed the jury may not come back and reopen the case to change their mind and the verdict. This amendment is used to protect citizens from government violating rights. This prevents government from taking away owned land, incriminating yourself in trial, and going through the due process of law. This amendment supports the idea of “ innocent until proven guilty” which is basically saying how people have rights until shown otherwise.

• The due process states that the government must respect all legal rights that are given to a person and helps to protect people from the government’s violations. This is just to keep the court fair and hold a person to being kept quiet. This is the process to be followed to make up a grand jury trial.

Why was this amendment added to the Constitution?

ΔThe Fifth Amendment protects people from being abused by government power

ΔProtects Natural rights of citizens ΔProtects property owned by citizens ΔReinsures money with property and

owned items taken by government

3. wHY iMPORTANT?3. wHY iMPORTANT?

Without this amendment people could be thrown in jail without trying to prove their innocence. And innocence would be hard to prove because people could not testify with the government already having their minds made up about the case. This prevents people from testifying against themselves in court.

It applies to the U.S. today the same as it did before. Due process protects us so that we are treated fairly when it comes to crime. This makes sure that there is enough evidence before someone can be forced to go to trial. Also, this protects everyone to be considered “innocent until proven guilty.” The Fifth Amendment protects us because we have to be proven guilty and not just sent to jail without evidence.