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 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.
This amendment guarantees that an American citizen cannot be convicted of a crime without evidence or witnesses to present in front of a grand jury. The only exception to this rule would be in an emergency situation for military forces. Also, a person cannot be tried twice for the same crime. Once a criminal sentence has been completed, they cannot be taken to court again for the same crime. This amendment also states that no person is required to testify against themselves in court, meaning in order to be convicted of a crime, there must be reasonable evidence or witnesses. The final two clauses of this amendment state that due process of law must always be taken into affect to protect citizens' rights and any seizure of private property must be justly compensated.
Media 1:
Unfortunately, this program isn't letting me embed this YouTube video, but the link should still work. This clip from a popular TV show, The Good Wife, is an excellent example of the utilization of our 5th amendment rights. A woman refuses to answer a question in court due to the fact that it may cause self-incrimination.
Media 2:
This political cartoon demonstrates how a person is not required to testify against themselves in court. Although the lawyer in the cartoon is saying that by not speaking, the defendant is admitting his guilt, when in reality he is just taking advantage of his fifth amendment right.
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