Fifth Amendment

Thien An Pham

As Stated in the Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment of 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 offense 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.

Historical Background

The fifth amendment was written in 1787 and was adopted by the United States in 1791. It is written to convince the anti-federalists to adopt the Constitution. It protect rights for people accused of crimes, and a clause regarding seizure of property by the government for public uses.

In Your Own Words

For a serious crime, the Grand Jury has to decide if there are enough reasons to charge against you. You can only be charged once for a crime, and you cannot be tried again once you are found not guilty. And the government cannot take away your personal properties unless they've given you a reasonable reason.

Supreme Court Cases

Palazzolo vs. Rhode Island (2001)

Background of Case

Palazzolo asserted that Rhode Island's wetland regulations had taken his property, a waterfront parcel of land, without compensation.

Court's Decision

The Supreme Court ruled that his claims were not ripe, that he had no right to challenge the regulations predating his acquisition of the property's title, and that he could not assert a takings claim based on the denial of all economic use of his property.

Citations

"Fifth Amendment." West's Encyclopedia of American Law. Ed. Shirelle Phelps and Jeffrey Lehman. 2nd ed. Vol. 4. Detroit: Gale, 2005. 399-404. Gale Virtual Reference Library. Web. 9 Dec. 2015.


"Palazzolo v. Rhode Island." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 9, 2015. <https://www.oyez.org/cases/2000/99-2047>