RationalWiki's 2018 Fundraiser

There is no RationalWiki without you. We are a small non-profit with no staff — we are hundreds of volunteers who document pseudoscience and crankery around the world every day. We will never allow ads because we must remain independent. We cannot rely on big donors with corresponding big agendas. We are not the largest website around, but we believe we play an important role in defending truth and objectivity.

If everyone seeing this today donates $5, we will meet our goal for 2018.

Fighting pseudoscience isn't free.
We are 100% user-supported! Help and donate $5, $20 or whatever you can today with PayPal Logo.png!

Donations so far: $2397Goal: $5000

Fifth Amendment

From RationalWiki
Jump to: navigation, search
Part of a series on the
US Constitution
Const.gif
Standards of review
Other legal theories
Amendments
I - II - III - IV - V - XIV
Defining moments in law

Interpretation
Issues

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[edit]

  • 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)
  • Just compensation (for land seized by the government for eminent domain purposes)
U.S. Constitution articles on RationalWiki
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 - Failed: Equal Rights - D.C. Voting Rights


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