Amendment V

"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."

An Analysis of the 5th Amendment

Basically, the 5th Amendment states that no one shall be charged with capital or heinous crimes without a Grand Jury's permission, except in cases regarding the military (including Militias!) while under service in Wartime or public danger; and that no one can be put on trial again (note -this- well!) -if- the life or limb of the defendant is concerned; nor can defendants be forced to testify against themselves; and that no one should be executed, jailed, or have property seized without a legal precedent; and that if private property -is- seized for public use, that the owner must be compensated for their losses fairly.

The 5th Amendment is also often cited as the "Double Jeopardy" Amendment. But . . .

Note this well again! The Constitution does -not- say that individuals cannot be put on trial again for the same offense! The Constitution says that should the defendant be tried again on the same charge(s), that they cannot be executed, or imprisoned for life without the possibility of parole, or deprived of body parts (physically crippled). Let's see that again: "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb" (emphasis added).

Why were the Founding Fathers interested in "life and limb"? Several countries, even in today's civilized world, have penalties on their books for various offenses with penalties ranging from the permanent loss of a body part (usually a finger) to decapitation. For instance, in some Islamic countries, stealing is a crime punishible in the following manner:

First Offense - Loss of Finger.

Second Offense - Loss of Hand.

Third Offense - Loss of Head.

This means that the Death Penalty (a.k.a. Capital Punishment) is far more common throughout the world than some people think! This is why the Founding Fathers were concerned with life and limb.

The 5th Amendment is also sometimes called the "Take the Fifth" Amendment.

It states that no defendant can be forced to testify against themselves in a criminal case. Why was this necessary? Because when being sworn in, you are asked to swear that you are speaking "... the truth, the whole truth, and nothing but the truth ...". By "Pleading the 5th" you can keep your promise to speak the truth without the possibility of jeopardizing your freedom. When under oath, you are expected to tell the truth, even if that truth was to put you in trouble. Taking the fifth allows you to tell the truth about the case without putting yourself in trouble.

Let's give an example here just to further clarify this. Say John Smith is on trial for Obstruction of Justice. He knows that he also lied under oath at that same trial. In order to keep himself from being prosecuted for Perjury (lying under oath) as well, he might say: "I refuse to answer that question on the grounds that it might further incriminate me." Yes, this gives the judge, jury, and prosecutors the idea that he may have committed more crimes, but he is protected from testifing under oath that he is guilty of the related crime of Perjury.

This is also the amendment that protects citizens from manifest destiny - that is, the federal government simply taking land or other property of citizens without giving anything back. In fact, the Constitution states that the owner shall be compensated justly (a fair value for the item(s) taken shall be awarded to the former owner(s)).

A Modern 5th Amendment

No one shall be charged in a capital or heinous crime without a Grand Jury's permission, except for military personnel while on active duty. No one shall be tried twice for the same offense and have their life or limb threatened. No one shall be forced to testify against themselves in a criminal case. No one shall be legally punished, nor shall property be taken, without legal precedent. No private property shall be taken by the government for public use unless the owner(s) are awarded fair compensation.