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What is the importance of the Fifth Amendment?Amendment V - Grand Juries,...

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sara212 | Student, Undergraduate | (Level 1) Salutatorian

Posted September 30, 2011 at 1:43 PM via web

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What is the importance of the Fifth Amendment?

Amendment V - Grand Juries, Self-Incrimination, Double Jeopardy, Due Process, and Eminent Domain
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.

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted September 30, 2011 at 1:56 PM (Answer #1)

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The Fifth Amendment is important mainly because it protects us from having our rights abused by the government.  It protects us from having the government take our freedom or our property without convicting us of a crime.  It also makes it harder for the government to actually convict us of crimes.  By doing these things, it helps to protect us from a tyrannical government.

The Fifth Amendment says that we cannot have our life, liberty, or property taken except by due process of law.  This means that the government cannot simply punish us because it wants to.  Instead, it must go through the "due process" of law by giving us a trial.  Importantly, it can only try to do this once.  It cannot simply keep trying us until we are convicted.  This is where the double jeopardy aspect of this amendment comes in.  It is also important to note that the government must prove its case.  It cannot simply force us to prove ourselves guilty.

By setting up these requirements, the Fifth Amendment protects us from arbitrary government action.  It ensures that we cannot be punished without the government legitimately proving that we have committed a crime.

 

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andybob | eNotes Newbie

Posted November 18, 2014 at 4:38 PM (Answer #3)

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