Fifth Amendment

We the People do ordain and establish this US Constitution

Standards of review

Rational basis review Intermediate scrutiny Strict scrutiny

Other legal theories

Substantive due process State action doctrine

Amendments

I - II - III - IV - V - XIV

Defining moments in law

Citizens United v. Federal Election Commission Plessy v. Ferguson Texas v. Johnson Youngstown Tube and Sheet Co. v. Sawyer Commerce Clause

Interpretation

Originalism Purposive Responsive Textualism

Issues

Civil rights Bill of Rights (United States) Gay rights Commerce rights Free speech v - t - e

The Fifth Amendment to the United States Constitution reads:

“”No person shall be held to answer for a capital, or otherwise infamous crime, unless on 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

Parsing the Fifth Amendment

• Grand Jury (for capital crimes, consisting of 16-23 members)
• No Double Jeopardy (being tried twice for the same crime)
• Right to Silence (freedom from self-incrimination)
• Due Process (no arbitrary punishment without a fair trial) — 

In US law, the vagueness doctrine states that criminal law must not be vague and must explicitly define the conduct that is punishable. The vagueness doctrine is based on the due process clauses of the Fifth and Fourteenth Amendments.

• Just compensation (for land seized by the government for eminent domain purposes)

Consequences

While pleading the Fifth in criminal cases can be advantageous to avoid self-incrimination, it is much less likely to be advantageous in civil cases because the judge may allow the jury to draw an inferences of guilt in civil cases. It is for this reason that pleading the Fifth "in a civil case in federal court is never helpful, is rarely harmless, and is typically very damaging — indeed, it’s often fatal to the party’s claims or defenses." Some states have more stringent standards than federal courts that do not allow drawing negative inference in civil cases either. But even in criminal cases, pleading the Fifth can be disadvantageous because the witness cannot subsequently provide testimony on the same subject in support of their case.

References

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U.S. Constitution articles on RationalWiki

v - t - e

Preamble • Articles: 1 - 2 - 3 - 4 - 5 - 6 - 7

Bill of Rights: I II III IV V VI VII VIII IX X - Further amendments: XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXVII

Pending: Congressional Apportionment - Titles of Nobility - Corwin - Child Labor - Disputed: Equal Rights - Failed: - D.C. Voting Rights

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Related topics

Interpretation: Originalism - Textualism - Responsive interpretation • Modes of review: Rational basis - Intermediate scrutiny - Strict scrutiny
Other stuff: Articles of Confederation - Establishment Clause - Gun control