The constitution guarantees citizens of the United States a host of fundamental legal rights. Each amendment addresses different issues and rights which citizens can then invoke should they need to.
The Fifth Amendment relates to protection against self-incrimination. However, this is not all that is covered. This amendment addresses several important factors as outlined below.
Double jeopardy
Double jeopardy might be a familiar phrase, but people don’t often have the need to explore its definition fully. Essentially, an individual may not be tried or punished for the same crime twice.
There are some exceptions to this rule. For instance, if a person lodges an appeal against their conviction, then they are waiving their double jeopardy rights and this might also be the case if a mistrial is granted. It is important to note that a defendant may be tried for the same crime at a state level and federal level.
The right to a grand jury
In federal felony cases, the Fifth Amendment also guarantees the accused a right to a grand jury. This grants power to a collection of citizens to investigate whether or not the behavior was criminal and ultimately rule on whether charges should be brought or not.
Due process of law
A person should not be deprived of their liberty in a discriminatory or arbitrary manner. Due process means that charges cannot be brought against an individual unfairly. If charges are lodged, then the defendant must be made fully aware of what they are.
The state always has to consider fundamental rights while making decisions. For instance, if charges are related to something a person has said, then they have to balance that against the right to freedom of expression under the First Amendment.
Of course, the most notable aspect of the Fifth Amendment is protection from self-incrimination. This means that a defendant cannot be coerced into making incriminating statements about themselves or even testify at all. The choice to remain silent while under investigation should not be used to indicate guilt during any resulting trial.
There are numerous legal rights granted to citizens under the U.S. constitution. If you are facing criminal charges for any reason, be sure to explore all of your legal options.