Fifth Amendment

By; Sir Thompson

Fifth 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.

Description of the Amendment

Tension between Great Britain and its colonies in America in the middle of the 16th century eventually led to the outbreak of the American Revolutionary War in 1775.

Fifth Amendment in my own words

for any capital crime, you are not to be tried twice for the same case, so there is double jeopardy.

Supreme Court Cases ( Smith vs. Massachusetts)

Melvin T. Smith was tried for possession of illegal firearm, among other offenses. Smith was found not guilty because state failed to find evidence of the gun's length. The state later pointed that testimony, that a gun was a pistol or revolver was sufficient evidence to allow a firearm charge.

Supreme Courts Decision

The supreme court let Mr.Smith go finding him not guilty for illegal possession of firearm and let him go for concern of double jeopardy.