Fifth Amendment

Courtney Henson

Actual Text

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 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.

Easier Explanation

For serious crimes the grand jury has to see if there's enough evidence to charge the victim. You can only be charged once and if innocent can be charged again. You're not forced to say anything about yourself . No one can take personal belongings on a fair first trial, but if the government takes any of it they will pay for it.

Background

Tension between Great Britain and its colonies in America in the middle of the eighteenth century eventually led to the outbreak of the American Revolutionary War in 1775. By 1783 the thirteen American colonies had won their independence from the British Empire. The colonies (now independent states) united under the terms of a document known as the Articles of Confederation.

Miranda vs. Arizona

On June 13, 1960 Ernesto Miranda was arrested for many things. Although the police had a reasoning for the arrest they never told him his rights. In the end, the Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution could not introduce Miranda's confession as evidence in a criminal trial because the police had failed to first inform Miranda of his right to an attorney and against self-incrimination.

Miranda Rights

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?'