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| Part of a series on the|
|Standards of review|
|Other legal theories|
|Defining moments in law|
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)
- 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
Interpretation: Originalism - Textualism - Responsive interpretation • Modes of review: Rational basis - Intermediate scrutiny - Strict scrutiny