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Constitutional research / File 05

Amendment V

Due process & the accused

Explore grand juries, double jeopardy, self-incrimination, due process, and compensation for property taken for public use.

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The original text.

Amendment V
Ratified December 15, 1791

National Archives transcription ↗
U.S. Constitution / Amendment V
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.

Original spelling and punctuation preserved.

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The research file.

15 local PDFs for this amendment, with source details and a direct download for each. Start with an overview or follow a case.

Read each source in context. Court decisions and dated analyses are preserved as published. Later law may change their meaning. Sources marked as context explore related questions; they are not direct holdings on this amendment.

15 documents in this file

Court decisionPDF / 2013 / 27 pages / 226 KB

Salinas v. Texas, 570 U.S. 178 (2013)

Supreme Court of the United States / Library of Congress

Pre-arrest silence and invocation of the self-incrimination privilege. Read as a historical decision alongside later authorities.

Court decisionPDF / 2005 / 55 pages / 461 KB

Kelo v. City of New London, 545 U.S. 469 (2005)

Supreme Court of the United States / Library of Congress

Public use and economic-development takings. Read as a historical decision alongside later authorities.

Court decisionPDF / 2004 / 30 pages / 1.0 MB

Missouri v. Seibert, 542 U.S. 600 (2004)

Supreme Court of the United States / Library of Congress

Two-stage interrogation and warnings given after an initial unwarned confession. Read as a historical decision alongside later authorities.

Court decisionPDF / 2000 / 38 pages / 1.3 MB

Dickerson v. United States, 530 U.S. 428 (2000)

Supreme Court of the United States / Library of Congress

The constitutional status of Miranda warnings. Read as a historical decision alongside later authorities.

Court decisionPDF / 1978 / 50 pages / 1.6 MB

Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978)

Supreme Court of the United States / Library of Congress

The framework for evaluating regulatory takings. Read as a historical decision alongside later authorities.

Court decisionPDF / 1976 / 32 pages / 956 KB

Mathews v. Eldridge, 424 U.S. 319 (1976)

Supreme Court of the United States / Library of Congress

Procedural due process and the balancing approach to required hearings. Read as a historical decision alongside later authorities.

Court decisionPDF / 1972 / 31 pages / 957 KB

Kastigar v. United States, 406 U.S. 441 (1972)

Supreme Court of the United States / Library of Congress

Compelled testimony and use-and-derivative-use immunity. Read as a historical decision alongside later authorities.

Court decisionPDF / 1970 / 35 pages / 1.0 MB

Ashe v. Swenson, 397 U.S. 436 (1970)

Supreme Court of the United States / Library of Congress

Issue preclusion within the Double Jeopardy Clause. Read as a historical decision alongside later authorities.

Court decisionPDF / 1969 / 30 pages / 921 KB

Benton v. Maryland, 395 U.S. 784 (1969)

Supreme Court of the United States / Library of Congress

Application of the Double Jeopardy Clause to state prosecutions. Read as a historical decision alongside later authorities.

Court decisionPDF / 1966 / 110 pages / 3.6 MB

Miranda v. Arizona, 384 U.S. 436 (1966)

Supreme Court of the United States / Library of Congress

Custodial interrogation and safeguards for the privilege against self-incrimination. Read as a historical decision alongside later authorities.

Court decisionPDF / 1966 / 23 pages / 771 KB

Schmerber v. California, 384 U.S. 757 (1966)

Supreme Court of the United States / Library of Congress

The distinction between compelled testimony and physical evidence. Read as a historical decision alongside later authorities.

Court decisionPDF / 1965 / 15 pages / 430 KB

Griffin v. California, 380 U.S. 609 (1965)

Supreme Court of the United States / Library of Congress

Prosecutorial and judicial comment on an accused persons silence at trial. Read as a historical decision alongside later authorities.

Court decisionPDF / 1964 / 38 pages / 1.0 MB

Malloy v. Hogan, 378 U.S. 1 (1964)

Supreme Court of the United States / Library of Congress

Application of the privilege against self-incrimination to the states. Read as a historical decision alongside later authorities.

Court decisionPDF / 1956 / 7 pages / 207 KB

Costello v. United States, 350 U.S. 359 (1956)

Supreme Court of the United States / Library of Congress

Grand jury indictments based on hearsay evidence. Read as a historical decision alongside later authorities.

Court decisionPDF / 1932 / 7 pages / 256 KB

Blockburger v. United States, 284 U.S. 299 (1932)

Supreme Court of the United States / Library of Congress

The same-elements test for identifying distinct offenses. Read as a historical decision alongside later authorities.