Fifth Amendment to
The United States Constitution
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.
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