Amendment V

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.

Plain English: Every citizen, who is tried as a felony, can only be tried upon the indictment of the Grand Jury. Other rights include protection against self-incrimination and the protection to only be convicted only once of the same crime in federal court. However, this amendment does not apply in situations of public danger, and time of war.

Story of Passage: Amendment V was ratified on September 25, 1789 as part of the Bill of Rights. The purpose of the Bill of Rights, otherwise known as the first ten amendments, was to prevent abuse of government authority by enumerating freedoms that are not explicitly mentioned in the body of the Constitution. The Framers derived the Grand Jury clause from the Magna Carta (1215). While this amendment originally only applied to the federal courts, the Supreme Court has interpreted its provisions as now applicable to the states as well, through the Due Process Clause.

Effect on US: Amendment V essentially ensures that convicted criminals are indicted righteously by the police. The idea of this law is not to give the Government too much power over an individual and to ensure that it respects the individual’s rights even though that person is suspected, accused, or formally charged in relation to commission of a crime. Without this right, the court would not be fair. All persons of the United States have the right to be protected by the law of the land. No individual should be subjected to embarrassment, expense, and ordeal against being tried for an alleged offense more than once. Likewise, it reduces the possibility of someone innocent being found guilty.

Effect on “You”: Although Amendment V is largely pertinent to convicted individuals, it essentially embodies the principle of equality under the law regardless of circumstance. Not all persons who are charged as felonies are guilty. On any given day, we can be accused of crimes that we did not commit. Amendment V essentially ensures that we, if charged with an offense, receive the opportunity to explain what happened and provide evidence too. “12 Angry Men”, although fictional, is a realistic example of how this Amendment affects the average citizen. Whether the convicted boy was guilty or innocent is trivial— were it not for his right to a Jury, he mostly likely would have immediately been sentenced to the death penalty. Many officials initially suspect former convicts, when a new crime is announced. Without amendment V, the police would be able use an individual's past criminal record as a substantive reason to convict the person again, even if there little to no evidence. If a situation arises, we deserve the right to a fair trial and protection against self-incrimination and re-conviction of previous crimes. As Philadelphians, we are affected indirectly by this amendment. In a city with a high crime rate, there is definitely a pattern of higher crime rates in certain parts of the Philadelphia neighborhoods. This amendment protects us from immediately being incriminated and targeted by the government merely because we live in a neighborhood with a high crime rate. Just because we live in a “dangerous” part of the city, does not mean we are criminals.