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| The Fifth Amendment, Protection Against Self-Incrimination |
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It may be seen following a marine incident where a person from whom federal or
state investigators seek information asserts that he or she will not be comment or
answer and will invoke this constitutional law protection.
state investigators seek information asserts that he or she will not be comment or
answer and will invoke this constitutional law protection.
The Fifth Amendment is actually deeper than just the legal doctrine of
self-incrimination, but many people recognize this most fundamental element,
largely from watching the popular television shows on the criminal justice system
involving casts of police detectives, criminal defendants, prosecutors and judges.
self-incrimination, but many people recognize this most fundamental element,
largely from watching the popular television shows on the criminal justice system
involving casts of police detectives, criminal defendants, prosecutors and judges.
What does it mean to plead the Fifth Amendment? It means that a person can refuse
to make a statement that may be used against them in a criminal proceeding.
to make a statement that may be used against them in a criminal proceeding.
The Fifth Amendment Also Covers Double Jeopardy and Right to a Grand Jury
The Fifth Amendment, which is part of the Bill of Rights (the first Ten Amendments of
the Constitution), prohibits a criminal defendant from being placed in double
jeopardy, more specifically, being legally protected against prosecution a second
time for the same crime (note that this does not mean that the criminal defendant
cannot appeal a judge’s decision or jury verdict of guilty… a criminal appeal by a
defendant isn’t what’s meant by being place in double jeopardy in a criminal
proceeding). It means they can’t be placed on trial a second time (in other words, be
prosecuted by the state, or the United States, if the venue is federal court) for the
same crime once they are acquitted, their case is dismissed, or they are found “not
guilty”…. “
The Fifth Amendment also addresses the right to Grand Jury. It 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 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… “
Like the First Amendment on freedom of speech, or the Fourth Amendment to be
safe from unlawful search and seizure, the Fifth Amendment is probably one of the
most highly recognized elements of the U.S. Constitution.
The Fifth Amendment, which is part of the Bill of Rights (the first Ten Amendments of
the Constitution), prohibits a criminal defendant from being placed in double
jeopardy, more specifically, being legally protected against prosecution a second
time for the same crime (note that this does not mean that the criminal defendant
cannot appeal a judge’s decision or jury verdict of guilty… a criminal appeal by a
defendant isn’t what’s meant by being place in double jeopardy in a criminal
proceeding). It means they can’t be placed on trial a second time (in other words, be
prosecuted by the state, or the United States, if the venue is federal court) for the
same crime once they are acquitted, their case is dismissed, or they are found “not
guilty”…. “
The Fifth Amendment also addresses the right to Grand Jury. It 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 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… “
Like the First Amendment on freedom of speech, or the Fourth Amendment to be
safe from unlawful search and seizure, the Fifth Amendment is probably one of the
most highly recognized elements of the U.S. Constitution.
