The Bill of Rights: Amendment 5

Amendment V

 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 offence 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.

 "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." This means that you must get due process to show that there is sufficient evidence that you committed a crime punishable by death before they can hold you for trial, based on the statement of a Grand Jury. Once again the right to be secure in your Person.

 "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" The afore mentioned due process can be circumvented if you are part of the military (Military Tribunals) and when in service in times of war.

 "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;" This provision prohibits state and federal governments from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense.

 "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;" The classic pleading of the Fifth Amendment provides for you to not be compelled to provide witness against yourself, and that you have the right to due process of law before your rights to be secure in your person or possessions can be taken from you.

 Some definitions
Capital Crime:    a crime punishable with death.

Infamous Crime: a crime judged infamous because it constitutes treason or a felony

Presentment: A Grand Jury statement that a crime was committed; a written notice, initiated by a grand jury, that states that a crime occurred and that an indictment should be drawn.

Indictment: A charge of a felony (serious crime) voted by a grand jury based upon a proposed charge, witnesses' testimony and other evidence presented by the public prosecutor (District Attorney).

 

Held to Answer: meaning in custody to answer charges