Why the Founding Fathers passed the Fifth Amendment to the Constitution | Opinion
Editor's note: This is a regular feature on issues related to the Constitution and civics written by Paul G. Summers, retired judge and state attorney general.
Our Constitution and amendments are the supreme law of America. The first 10 amendments, or Bill of Rights, were submitted to the state legislatures in 1789 and ratified two years later. We now study the Fifth Amendment.
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 offence (sic) 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.”
Six rights are enumerated in the Fifth Amendment
Entire books and treatises have been written about the Fifth Amendment, which also applies to the states pursuant to the Fourteenth Amendment.
Hear more Tennessee Voices: Get the weekly opinion newsletter for insightful and thought provoking columns.
Here are the rights provided to all persons in accordance with the Amendment V:
Right to a presentment or indictment by a grand jury for a felony.
Creation of a separate military system for those in war.
Right against double jeopardy, which bars being tried twice in a criminal case for the same offense.
The right not to be compelled to be a witness against oneself in a criminal trial, which is commonly called “taking the fifth” in everyday language.
The right to be afforded “due process of law” in all criminal and civil proceedings.
The right for “just compensation” or payment when private property is taken for public use.
An indictment is a charge signed by a prosecutor. A presentment is a charge that is taken under consideration by a grand jury, regardless of the prosecutor’s signature.
Sign up for Latino Tennessee Voices newsletter:Read compelling stories for and with the Latino community in Tennessee.
Sign up for Black Tennessee Voices newsletter:Read compelling columns by Black writers from across Tennessee.
What constitutes 'double jeopardy'?
If the grand jury determines “probable cause” by proper vote, it can return what is commonly called a “true bill” of indictment or presentment.
Some criminal acts could be state, federal, or both. The double jeopardy clause in the Fifth Amendment precludes the same state or federal court from trying the defendant twice for the same crime.
There may be cases where both a federal and state crime are involved. An example would be a federally insured (FDIC) bank robbed in a Tennessee city. The defendant could be charged in federal or state court unless a law or regulation prevents it. The state and federal prosecutor usually agree on which jurisdiction handles the case.
We shall continue in our next column with more on the Fifth Amendment. Reading and studying the Constitution are times well spent.
Paul G. Summers, lawyer, is a former appellate and senior judge; district attorney general; and the Attorney General of Tennessee. Raised in Fayette County, he resides in Holladay and Nashville.
This article originally appeared on Nashville Tennessean: Why Founding Fathers passed the Fifth Amendment to the Constitution
