Meditations and Learnings

Meditations and Learnings

Fifth Amendment to the United States Constitution

December 15, 1971

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.

Includes the:
- Double Jeopardy Clause
- Self-incrimination Clause
- Takings Clause

This amendment requires that felonies only be tried on indictment by a grand jury and that they can only be tried once in federal court for the same offence (double jeopardy). It also includes protections against self-incrimination including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. The final part states that the federal government is take private property available for public use only if the government provides “just compensation”.