What is the 5th amendment in simple terms?

Understanding the Privileges under the 5th amendment is important. This article simply explains your 5th Amendment rights. Let's take a look at what is the 5th amendment in simple terms?

The 5th amendment definition- The 5th Amendment of the Bill of Rights states that ‘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 land or naval forces, or in the militia when in actual service in time of water 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 any private property be taken for public use without just compensation.

The above law states four rights under the 5th amendment. Privilege against Self-incrimination When can a person plead the 5th amendment against self-incrimination?

The Right against self-incrimination protects criminal defendants from testifying against themselves through testimony. If the defendant has the slightest notion that speaking in testimony will lead to being a witness and can be used as evidence against themselves, they can lead the 5th. 

All the defendant has to say to invoke the right is “I plead my 5th Amendment right’. If law enforcement takes the defendant into custody for interrogation at any given point in time, they must read the Miranda Rights to them. This is to ensure that the defendant is aware of all the rights.

When is it not feasible to plead the 5th amendment against self-incrimination?

If the defendant is not in custody, they cannot use the 5th Amendment right. Hence they will need to participate in the interrogation by the police. Any kind of silence can deem that there is an implicit admission to guilt.

5th amendment examples for self discrimination

In Ashcraft V. Tennessee 1944

The Tennessee law official interrogated the defendant for a course of 38 hours and even convinced him to sign a confession. The Supreme Court, represented by Justice Black, took notice of the injustice, made an exception, and overturned the subsequent conviction.

He entitled the defendant the right to Selfincrimiatnation and brought to light the police’s discrimination and torture to garner an unjust confession.  Justice Black also mentioned the role of the constitution for equality and indiscrimination towards any citizen. 

Your Privilege to Due Process

The due process right explains that no US citizen by birth or by the process of naturalization is to be deprived of life, property, or liberty. It guarantees that every accused has the right to a fair and orderly judicial trial. Every accused has the right to know about the accusation and the seizing of the property during the trial. No Property of the accused can be seized under due process unless the accused is proved guilty and further convicted.

There are two types of Due process.

• Procedural Due process

Procedural due process states that under the constitutional requirement towards the right for life, property, and liberty. Any of these rights are revoked in any circumstances; the person should be explained the reasons and accusations through written notice by the judge.

• Substantive Due Process

A substantial Due Process extends beyond the context of criminal prosecutions. The government may not prosecute any criminal wherein the prosecution causes an effect on the individual’s fundamental rights—namely freedom of speech, freedom of assembly, freedom of expression, etc.

Privilege for just compensation

Civil asset forfeiture or asset seized by the police or by a federal officer on suspicion of wrongdoing. If the court takes the person’s property, the court has to pay the difference amount based on the property’s market value back to the defendant.

If the police have taken into custody the accused’s private property, it should be notified to the defendant. The court maintains the right of the property only if the charge is convicted. If not, the person has the right to receive the parcel back.

5th amendment examples for just compensation- If the court seizes property from a convict, the property has a market value. Suppose the property price is $100,000 and the accused is liable for only $80,000. In that case, the court may provide the $20,000 variance as compensation to the accused under the Just Compensation privilege of the 5th amendment.

The Privilege against Double Jeopardy

The 5th Amendment protects an accused against Double Jeopardy. The law states that no person shall be retired by the court for the same crime—irrespective of the person being punished or acquitted of the charges. Double Jeopardy ensures that the court’s decision holds the final word, and no other case is opened under the same crime or re-prosecution of the case takes place where the accused is being tried again for the same crime.

5th amendment examples for double jeopardy

Double jeopardy is different from applying a petition to the court of appeals. In the court of appeals, the accused and the victim have concluded the cause one of them is not happy with the outcome. However, in double jeopardy, the accused is acquitted or convicted, and the case is closed. However, under no circumstances can any person reopen the same case in the same or any other court across the US’s states to try the accused again.

Summary

The 5th amendment provides the accused with fundamental civil rights. Even though it may be limited to the state, the 14th amendment further improves the 5th amendment privileges to the right to remaining silent and having an attorney. The 5th amendment not only protects the right to life, property, and liberty but further extends it to the non-suppression of fundamental rights such as freedom of speech, freedom of expression, etc.