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.
Vocabulary:
capital: a crime punishable
by death
compelled: forced
compensation: something to make
up for loss or damage
due process: the principle or
idea that a person cannot be deprived of life, liberty or property without
getting proper legal procedures and safeguards. This means a person cannot
be jailed, executed, have the things they own taken away from them without
having legal defense or hearings.
indictment: accusation of a
crime presented to the person or persons accused of a crime.
infamous: widely and unfavorably
known, bad reputation
Rewrite Amendment in your own words
in the space below. Print it out and give it to your instructor or teacher or
copy and paste it into an e-mail to send him/her.
Discussion Questions:
What does it mean to "take
the fifth"?
Look up the term "writ
of habeas corpus". How does it apply to this amendment?
This amendment defines how a
person is to be treated when accused of a crime. Are these provisions fair
or should they be stricter or less strict?
The provisions of this amendment
are sometimes debated in times of war. With the current continued war on
terror, what do you think the rights of suspected terrorists should be?
How should these laws be applied
to minors or children? Should schools follow these same provisions?
Watch a crime show on television
and report to the group how this amendment was applied during the show to
any criminal proceedings.
One of the most famous phrases
in the criminal justice system is the Miranda warning that starts with the
words "You have the right to remain silent...". How does the Miranda
warning apply to the Fifth Amendment? Look up the Fifth Amendment and the
Miranda warning to learn more about this famous case.
