The Fifth Amendment specifically guarantees the right to a grand jury and right to a fair trial in cases of criminal trials. In addition to those explicit guarantees, the Fifth Amendment provides other protective measures in matters involving criminal and civil proceedings. The Fifth Amendment reserves specific rights for citizens and requires the government to compensate property owners for private land taken for public use.Continue Reading
In addition to making guarantees and committing the government to justly compensate private landowners for takings, the Fifth Amendment contains explicit prohibitions. It prohibits double jeopardy, which essentially means that people cannot have lives or limbs placed in harm's way more than once for the same offense.
The Fifth Amendment also prohibits acts of self-incrimination in the hands of authority. Self-incrimination requires individuals to act as their own witnesses and subjects them to deprivation of life, limb or property without due process of law.
Although the provisions and purpose of the Fifth Amendment remain unchanged, its application to lower level courts expanded over time. Historically, only federal courts upheld the Fifth Amendment, since the Fifth concerns federal law. However, the Fourteenth Amendment, or Due Process Clause, expanded the Fifth's applicability to state courts. The Due Process Clause contains a substantive and procedural provision to ensure citizens' rights remain protected.Learn more about The Constitution
The Seventh Amendment to the U.S. Constitution preserves the right to jury trials in civil cases in which the sum at stake is more than $20. It also guarantees that other courts cannot overturn the findings of facts in civil trials.Full Answer >
The Seventh Amendment gives citizens the rightÂ to have a jury trial in certain federal civil cases and prevents courts from overturning the decision of a jury. The amendment was proposed in 1789 by James Madison.Full Answer >
The Sixth Amendment to the U.S. Constitution guarantees the rights of the accused and helps to ensure a fair trial for defendants facing criminal prosecutions. According to About.com, it does this by ensuring that all persons accused of a crime have a speedy trial before an impartial jury.Full Answer >
Some constitutional rights that everyone should be aware of are the Fourth Amendment protection from illegal searches and seizures and the Fifth Amendment right to avoid self incrimination. The Fourth Amendment prevents the police from requiring anyone to submit to a search of their body, possessions, vehicles or homes without a warrant and establishes rules for gathering evidence. Courts have traditionally treated evidence that has been wrongfully obtained or outside the scope of a warrant as inadmissible.Full Answer >