The Fifth Amendment
The 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.
— The Fifth Amendment, ratified 1791
The Fifth Amendment packs several major protections into one sentence. The most famous is the right against self-incrimination — the reason you can “plead the Fifth” and decline to answer questions that might be used to convict you. To use it during questioning, courts have said you generally have to say so out loud; staying quiet alone isn’t always enough.
It also bars double jeopardy, so the government cannot keep retrying you for the same crime after an acquittal, and it requires a grand jury for serious federal charges.
Two phrases here echo throughout American law. “Due process of law” means the government must follow fair procedures before it can take your life, liberty, or property — and it’s the seed of countless rights. “Just compensation” means that if the government takes your property for public use (eminent domain), it has to pay you fair value.
For everyday encounters, the practical takeaway is simple: you have the right to remain silent, and clearly invoking it — “I am invoking my right to remain silent” — is the strongest way to protect yourself.
Key Points
- The right to remain silent — you cannot be forced to be a witness against yourself.
- Protection against 'double jeopardy' — being tried twice for the same offense.
- A guarantee of 'due process of law' before the government takes your life, liberty, or property.
- Requires 'just compensation' when the government takes private property (eminent domain).
Leading Cases
- Miranda v. Arizona (1966) — Police must warn you of your right to silence and to a lawyer before a custodial interrogation.
- Kelo v. City of New London (2005) — A closely divided, controversial ruling on what counts as a 'public use' for taking property.
Read the Official Source
Fifth Amendment (Constitution Annotated) →Confused by the legal wording? The CivicShield app explains the law in everyday language for your exact situation.
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