5th Amendment
Here is the 5th Amendment simplified as the protection of fundamental American civil liberties and acting as a check on government overreach, the 5th Amendment guarantees fundamental rights to all Americans. This important clause guards against double jeopardy, permits people to remain silent during interrogation, and shields against unauthorized property confiscation. The Fifth Amendment, which is based on the ideas of fairness and due process, protects individual liberties and has a significant impact on the country’s judicial system.
What Is 5th Amendment Law?
For someone facing criminal charges, the 5th Amendment’s tenets are essential. A person accused of a crime is protected by the amendment in four ways: the right to a grand jury, the right to be exempt from double jeopardy, the right to due process, and the prohibition on forced self-incrimination.
What Is Self-Incrimination?
No one who has been charged with a crime may be forced to testify against himself. The Supreme Court has decided that this holds true for both police questioning and the trial. Consequently, someone detained by the police has the right to decline to respond to inquiries about the alleged offense they committed.
An extensive line of Supreme Court cases addresses what “custody” and “interrogation” means:
· “Custody” usually means the suspect has been arrested, although there are instances when the Supreme Court has found a suspect to be in police custody even though the person was not arrested or even handcuffed. Courts apply an objective standard, asking whether an average person under the circumstances would feel free to leave. If the answer is no, then the suspect was “in custody.”
· “Interrogation” means any statement by the police that is likely to elicit an incriminating statement.
When suspects are given Miranda warnings, they can either waive their rights by answering questions or invoke their rights under the 5th amendment. Suspects may invoke their right to remain silent in one of two ways:
· by physically remaining silent and refusing to answer questions, or
· by requesting an attorney.
If a suspect invokes their rights, the police must immediately stop all questioning.
At the trial level, the right against compelled self-incrimination means that defendants may not be forced to testify. They can, however, testify if they desire. Witnesses, either at the trial level or in grand jury proceedings, also may refuse to speak for fear that they might incriminate themselves. This is known as “pleading the 5th.”
What Is a Grand Jury?
A grand jury is a body of people who decide if there is sufficient evidence to bring charges against a defendant. Of the states, only roughly half use the grand jury system since the Supreme Court has not decided that the states must follow this requirement. On the other hand, federal felonies require grand juries.
The prosecutor delivers evidence against the subject in a grand jury proceeding. After that, the grand jury issues a “no bill” or an indictment. If there is an indictment, the suspect will face official charges for the offense; if there is no bill, the suspect won’t face any charges.
Although the grand jury requirement protects a suspect so that they cannot be held without sufficient evidence, the proceedings are advantageous for a prosecutor for three reasons.
· First, the proceedings are secretive. Only the prosecutor and the jury are present. The defense attorney is not allowed in unless the prosecutor allows it, which is rare.
· Second, the exclusionary rule does not apply to grand jury proceedings, so evidence illegally obtained may be shown to the jury, even though such evidence will be suppressed at trial.
· Third, the prosecutor may choose which evidence to present to the jury. Therefore, if any evidence tends to show that the suspect might not have committed the crime, the prosecutor may refuse to present that evidence.
To indict a suspect, a grand jury must have probable cause, which means a reasonable belief that a crime has been committed and that the suspect committed the crime.
What Is Double Jeopardy?
The prohibition against double jeopardy means a person may not be tried or punished twice for the same crime. Double jeopardy is a complex area of the law that even the Supreme Court has struggled with, but it basically protects a defendant in three ways.
· First, a defendant may not be tried for a crime of which he or she already has been acquitted.
· Second, a defendant may not be tried for a crime of which he or she already has been convicted.
· Third, a defendant may not be punished multiple times for the same offense.
This rule has some exceptions, much as most other areas of the law. The primary exclusion is that if a defendant is prosecuted independently at the state and federal levels, they may be tried and punished twice. For instance, if someone is charged with drug possession by a state government, the federal government may also file charges against them. This is because the federal and state governments are independent, sovereign organizations under the Constitution, and they are free to pursue criminal charges for any offenses under their own laws.
Another exception is when a defendant asks for a mistrial and is granted one, the defendant thereby waives the right against double jeopardy. The same is true of an appeal: If a defendant appeals a guilty verdict, he or she waives the right against double jeopardy. Thus, if the case gets overturned on appeal, the defendant may be tried again for the same crime.
Finally, although not technically an exception, double jeopardy applies only to criminal prosecutions. An individual may be tried both criminally and civilly for the same act. Perhaps the most famous instance of this is the murder case involving O.J. Simpson. Simpson was found not guilty of the murder charges but was subsequently sued in a civil court for wrongful death. He was found liable and forced to pay damages. The reason for this exception is that criminal acts are prosecuted by the government; civil cases, however, require one party to file suit against another.
What Is Due Process?
The 5th Amendment states that no one may be deprived of life, liberty or property without due process of law. There are two types of due process: procedural and substantive.
Procedural due process is based on the concept of fundamental fairness. It means that a person must be notified of the charges and proceedings against them and have an adequate opportunity to respond. This is done through an indictment (or an “information,” in the case of a misdemeanor), which is a formal document detailing the charges. Additionally, throughout the trial, the judge must protect the defendant’s due-process rights by ensuring the defendant understands every phase of the proceedings.
Substantive due process, just as procedural due process, extends beyond the context of criminal prosecutions. For example, the right of privacy, although not explicitly stated in the Bill of Rights, is a substantive right of the people that stems from the Due Process Clause of the 5th Amendment.
In the area of criminal law, substantive due process means that the government may not prosecute an individual for conduct that affects certain fundamental rights. The Supreme Court has said that fundamental rights include freedom of speech, freedom of assembly and the free exercise of religion. Therefore, if the government wants to make a certain activity illegal in a way that infringes on a fundamental right, it must show that it has a compelling interest in doing so. Because of this standard, laws that restrict a fundamental right rarely are upheld.
The Supreme Court has set another standard for laws that infringe on non-fundamental rights, such as the right to physician-assisted suicide, late-term abortion, and international travel. If the government makes these types of activities illegal, all it must show is that it has a rational basis for doing so. This is a much lower standard to meet; therefore, laws prohibiting these activities frequently are upheld.