5th Amendment: Rights for the U.S. Citizens

In the constitution of the United States, the 5th Amendment annotates that:

"Any person shall not be liable to answer for a capital, or for felonious crimes, unless on an indictment of a Grand Jury, except for the cases that originate inland or naval forces, or in the militia, during actual service in time of war or public danger; no one should be punished for the same offense twice and put in jeopardy of life or limb; no one should be forced to answer any question in any criminal case so the person witness against himself, nor be deprived of life, liberty, or property, without due process of law; and without compensation, no one’s private property can be taken for any of the public use."

The 5th Amendment focus on incorporating a number of categories like Grand Jury, double jeopardy, self-incrimination, due process, compensation Claus.

If we consider some scholars than the 5th amendment has can be divided into five constitutional rights:

1. Right to indictment by the Grand Jury i.e. one cannot be charged for a serious crime (felonious crime) without the Grand Jury. It means that the Grand Jury plays an important while taking any decision for or against the guilty.

2. A Grand Jury is a group of people or panel of citizens that is present in the court and listen to all the proofs and witness and then decide whether the indictment or the claim should be filed against the accused or not.

1. Forbidding on double jeopardy i.e., one cannot be subjected to double jeopardy (Jurisdiction that prevents from taking the person on trial twice for the same crime).

2. For instance, if someone is declared guilty and punished for a crime or for violating any rule then the person cannot be prosecuted or punished again for the same crime by the same government.

1. The right against forceful self-incrimination i.e. one is not compelled to expose oneself by making any kind of statement. In accordance with the amendment, the witness is free not to answer any question if he/she thinks answering may be self-incriminatory.

2. The accused also has the right to refuse any question that may be used as proof to prove that he/she is the culprit.

3. It may include a criminal case, civil case, administrative hearing, or maybe formal or informal investigation processes

1. An assurance that all accused or defendants will have a fair trial and justly without any prejudice i.e. the guarantee of due process.

2. The fifth Amendment due process clause deals with the point that no one should be deprived or bereaved of life, liberty, or property without the due process of the constitution.

3. The two points of due process recognized by the courts of how due process work are:

1. Procedural due process: it deals with the proceeding of the judicial process that ensures the party has the right to be heard and keep them notified of the legal proceedings and the court should have jurisdiction that may be able to apply the law and pronounce a judgment.

2. Substantive due process: it protects the rights of both legal procedure as well as few rights that are not related to the procedure.

1. An assurance that the government authority does not have any right to take hold of or seize any private property without compensating, that too in accordance to its market value.

2. This is the compensation clause of the fifth amendment the government can take over the personal property for public use in case the government pays the compensation or the value to the owner of the property that is rated in the market.

3. This compensation clause works to remove the extra burden on the owner of the property and is applied not only to the land but also to any private property.

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