Please watch this discussion of the Fifth Amendment

Fifth Amendment

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.

Learning Outcomes

• Understand and explain the constitutional protections in the Fifth Amendment.
• Define and explain the grand jury process.
• Define and explain the difference between an indictment  and a trial.

Workflow

1. Read the National Constitution Center on the Fifth Amendment.
2. Watch the Khan Academy video on the Fifth Amendment.

Involuntariness

• Bram v. United States 168 US 532 (1897)
• Frazier v. Cupp 394 US 731 (1969)
• Arizona v. Fulminante 499 US 279 (1991)
• Spano v. New York 360 US 315 (1959)
• Dunaway v. New York 442 US 200 (1979)

Miranda Warnings

• Miranda v. Arizona 384 US 436 (1966)
• Berghuis v. Thompkins 560 US 370 (2010)

Self-Incrimination

• Schmerber v. California 384 US 757 (1966)
• Salinas v. Texas 570 US 178 (2013)

Double Jeopardy

• Maryland v. Craig 497 US 836 (1990)