Fifth Amendment to

The United States Constitution

Bill of Rights

 

The Fifth Amendment to the United States Constitution provides valuable rights to people in criminal and immigration proceedings. The Fifth Amendment provides:

  • Right to Counsel (under Miranda v. Arizona)
  • Right Against Self-Incrimination (otherwise known as the Right to Silence or Right to Remain Silent)
  • Right to Due Process
  • Right to a Grand Jury in felony cases
  • Right Against Double Jeopardy for criminal prosecutions
  • Due Process Right to Counsel

The full text of the Fifth Amendment is:

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.

Relevant cases:

 

Other case notes:

There is a right to counsel at the alien’s own expense in immigration proceedings. Gomez v. Session (9th Cir. 2018).

The denial of counsel in administrative removal proceedings requires a showing of prejudice for reversal. Gomez v. Session (9th Cir. 2018).

 

Image Credit: From the New York Public Library Digital Collection