What does the fifth amendment guarantee?

Answer 1

The most common and well know is not allowing a witnesses to incriminate themselves E.G pleading the 5th

no one can be forced to give testimony which might make him or her look guilty.

The 5th amendment guarantees many things, Guarantee's with examples:

1. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,

   *This means that a Grand Jury must vote to indict any person accused of a Felony crime;

2. 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;

   *Indictments as noted in 1 above are not issued for any military serviceman while on duty (original intent),

3. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

   *Double Jeopardy Clause, no person can be tried for the same offense twice and that includes all elements of that offense;

4. nor shall be compelled in any criminal case to be a witness against himself,

   *This is the Miranda rights most quote (Miranda VS Arizona) - the right to remain silent and provide nothing to the state

5. nor be deprived of life, liberty, or property, without due process of law;

   *This is the section that requires a trial for any criminal accusation;

6. nor shall private property be taken for public use, without just compensation

   *This section requires the government to pay you for any property they take

Please note that these are presented with their original intent (Federalist Papers) not what actual practice is today.

Answer 2

The most common and well know is not allowing a witnesses to incriminate themselves E.G pleading the 5th

no one can be forced to give testimony which might make him or her look guilty.

The 5th amendment guarantees many things, Guarantee's with examples:

1. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,

   *This means that a Grand Jury must vote to indict any person accused of a Felony crime;

2. 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;

   *Indictments as noted in 1 above are not issued for any military serviceman while on duty (original intent),

3. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

   *Double Jeopardy Clause, no person can be tried for the same offense twice and that includes all elements of that offense;

4. nor shall be compelled in any criminal case to be a witness against himself,

   *This is the Miranda rights most quote (Miranda VS Arizona) - the right to remain silent and provide nothing to the state

5. nor be deprived of life, liberty, or property, without due process of law;

   *This is the section that requires a trial for any criminal accusation;

6. nor shall private property be taken for public use, without just compensation

   *This section requires the government to pay you for any property they take

Please note that these are presented with their original intent (Federalist Papers) not what actual practice is today.