Founding Values

Amendment V

Partial

Grand Jury, Double Jeopardy, Self-Incrimination & Due Process

Ratified December 15, 1791

The Fifth Amendment contains five distinct protections: the grand jury requirement, double jeopardy prohibition, the privilege against self-incrimination (the source of Miranda rights), the due process clause, and the Takings Clause requiring just compensation for government seizures of private property.

Bill of RightsDue ProcessSelf-IncriminationEminent DomainGrand Jury
Passed by Congress September 25, 1789Ratified December 15, 1791

Full Text

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.

Annotated Version

The Bill of Rights document includes phrase highlights and court case references for this amendment.