A Study of the
Fifth;Amendment
Following;is;Part;1;of;a;detailed study;of;the;Fifth;Amendment. There;are;five;distinctive;rights contained within this amendment, and they are so important and
expansive;that;there;is;simply;too;much
information to cover in one article. Part
2;will;be;published;in;the;November/De-
cember;2013;online;edition;of;The Old
Schoolhouse® Magazine.
This;article;is;intended;to;supplement
civics lessons for homeschooled children
and;their;parents.;Following;the;article
are;a;few;questions;to;help;the;student
understand;the;concepts;discussed;in;the
article. If you have additional questions,
please;email;me;at;kmsmith@acelaw.net.
Fifth Amendment to the United
States Constitution
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;first;two;protections;provided;by
the;Fifth;Amendment;are;( 1);the;right
not to be held for a crime unless indicted
or;charged,;and;( 2);the;right;to;not;be
placed;in;double;jeopardy;for;the;same
offense;(tried;a;second;time;when;held
guilty;or;not;guilty;the;first;time).
The right to be indicted before
being held for a crime
In totalitarian regimes, almost weekly
we hear about the government round-ing;up;people;merely;because;they;op-pose the government or because they
harbor;views;that;the;government;finds
seditious. 1 In China, peaceful protes-tors in Tiananmen Square were not only
www.TheHomeschoolMagazine.com
For;criminal;cases,;the;State;must;prove;every;element;of;the;crimes;charged
“beyond a reasonable doubt” with a unanimous verdict . . . .
We;the;People
Kevin Mark Smith, Esq.
Part I
