The Fifth Amendment

The Fifth Amendment circa 1789...

The Fifth Amendment circa 2022...

The Fifth Amendment states, “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 offense 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.”


For further information, the Annenberg Guide to the United States Constitution offers an interpretation of the Fifth Amendment.

The U.S. Supreme Court heard a case on the meaning of the Fifth Amendment's "double jeopardy" clause in February. Merle Denezpi, a member of the Navajo tribe, was convicted on an assault charge by the Court of Indian Offenses. Six months later, a federal grand jury indicted him regarding the same incident. The federal court found Debezpi guilty and sentenced him to 30 years in prison. Denezpi challenged this prosecution, arguing the second conviction for the same crime violated his protection against double jeopardy. The Supreme Court will announce its decision in Denezpi v. United States before its term ends in June. You can learn more about the case at the Oyez Project or at SCOTUSblog.