What Is The 5th Amendment
Sometimes on TV shows we see a character dragged into a courtroom to testify about a crime. The character utters the infamous words, “I plead the 5th.” This term is from the 5th Amendment of the US Constitution and is used when describing the right of a person to abstain from answering a question which would incriminate themselves in a crime. So what exactly is the 5th Amendment?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.
There are several key parts to the 5th Amendment. First, it allows you the right to not testify against yourself that could implicate you in a crime. Second, this amendment has a Double Jeopardy Clause. Third, is a Due Process Clause (like the one contained in the 14th Amendment). Fourth, the clause states eminent domain but states must provide “just compensation” for it. Self-incrimination When you’re arrested officers are required to read you your Miranda Warning, aka Miranda Rights. The Miranda Rights is a warning that police give to suspects and those in police custody that anything you say or do can be used against you. After this has been recited to you, if you decide to incriminate yourself in the alleged crime that can be used against you in court. The 5th Amendment and the Miranda Rights go hand in hand. The 5th Amendment allows you the right to not answer any questions, whether compelled to testify or not, to protect yourself. Your Miranda Rights allows you to remain silent during police custody and interrogation. Double Jeopardy No, this has nothing to with back to back episodes of Alex Trebeck on a fun game show. Double Jeopardy means that a person can not be tried for the same crime twice. That means if you’ve been acquitted (found not guilty) of a crime or the case was a mistrial, then you can’t be tried for the same crime twice. The only exception to that is if new evidence is brought up against you that wasn’t in the original trial. Also, being acquitted of a crime in a civilian court does not protect you from military court if you’re a member of the armed forces. Due Process Due Process means that the courts must respect your legal and constitutional rights throughout their investigation. They must compile evidence in legal ways (e.g. no wiretapping without warrants) and must allow you your rights. It is a way to balance the power of the law and the rights of the citizens. It also allows you the right to know what you’re charged with, a fair trial, and an impartial judge. Eminent Domain Is the power granted to the federal government and each state that they can take private property for public use. With that, they are required to pay “just compensation” to any private land taken for public use. “Just compensation” is defined as the market value of property at the time that it was seized by the government. The controversial part of this clause is what constitutes public use. As it is currently defined by the Supreme Court, “public use” does not necessarily mean that the public needs to use it, but only that the public need to benefit from it (i.e. new jobs and increased tax revenue).Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.