The 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 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."

How many times have you heard, "I plead the fifth," spoken by someone . . . anyone? Do you think they really knew what it meant? Did you really know what it meant? Well, now you might learn a little something. There's more than the "self incriminating" piece.

The first portion discusses capital and "otherwise infamous" crimes which is simply a reference to infractions which are known as felonies. The Grand Jury decides if there is enough evidence to try a person for the alleged crime. If found that there is, then the person will be put on trial for the offense. The exception to this rule ( isn't there always one? ) is the military forces. Service Members are held accountable by the Uniform Code of Military Justice (UCMJ). They can also be processed by the civilian law as well . . . more on that later.

The next part of this amendment is known as the "Double Jeopardy" clause. If you are found innocent of a crime, you may not be tried again for the same crime. As I mentioned previously, Service Members are not always protected as such.

Then comes the most well-known portion. During any part of judicial process, you do not have to make any statements which could prove you guilty. Some take this so far as to say to not answer any questions from the police during the investigation. You never know how a minor misstatement on your part could lead to a conviction.

Next we have the wonderful phrase of "due process" which has remained quite well undefined. Thankfully we have other amendments to help define this. For example: jury of peers, burden of proof, etc.

Finally, we come to a part which many people love. (Please read the sarcasm I intend there.) The taking of private property has been a matter of much debate. When the government decides to expand a highway and your property is involved, the government is to pay you for your loss. Of course, what the government thinks is a fair price might not be what that individual feels is a fair price. Plus, it's not the governments land. And what's to stop them from taking more and more?

I hope this have given you a little insight on the fifth amendment. As with all of these blurbs, it is not an all encompassing essay, but hopefully something to stir your brain into doing some thinking and some further research.