Constitution
Amendment 5: Grand Juries, Double Jeopardy, Self-Incrimination, Due Process and Takings
Text from National Archives. Explanation last updated September 29, 2026. How we check this
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In plain English
The Fifth Amendment protects several rights in criminal and civil law: a grand jury for serious federal crimes, protection against being tried twice for the same offense, protection against being forced to be a witness against yourself, a guarantee of due process of law, and a requirement that the government pay just compensation when it takes private property for public use.
It is where the phrase “taking the Fifth” comes from, and where the constitutional idea of due process was first written into the federal Constitution.
The text
As printed by the source cited at the end of this page, with its original spelling, capitalization and punctuation.
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.
Explained section by section
Grand jury
No person is held to answer for a capital or “otherwise infamous crime” without a presentment or indictment of a grand jury. There is an exception for cases arising in the armed forces and the militia in actual service in time of war or public danger. The Supreme Court has not applied the grand-jury requirement to the states, so many states use other charging procedures.
Double jeopardy
No person may “be twice put in jeopardy of life or limb” for the same offence. Generally, once a person is acquitted, the government cannot retry them for the same offense. The rule has exceptions and complexities, for example separate sovereigns such as the federal government and a state may each prosecute conduct that violates both of their laws.
Self-incrimination
No person may “be compelled in any criminal case to be a witness against himself.” In Miranda v. Arizona (1966) the Court required police to inform suspects in custody of their rights before questioning, and the familiar warnings follow from that decision.
Due process
The government may not deprive anyone of “life, liberty, or property, without due process of law.” Due process has a procedural side, requiring fair procedures, and a substantive side that courts have used to protect certain fundamental rights. The Fourteenth Amendment repeats the phrase for the states.
Takings
“Nor shall private property be taken for public use, without just compensation.” The government may take property, for example to build a road, but must pay. In Kelo v. City of New London (2005) the Court held that a transfer for economic development can be a public use, a decision that led many states to tighten their own rules.
Context and current status
The clauses came from long English and colonial practice: grand juries as a check on prosecutors, a privilege against forced confession, and protection of property from arbitrary seizure. The amendment was ratified on December 15, 1791.
Current textual status: unchanged and in force. Most of its guarantees, but not the grand-jury requirement, have been applied to the states through the Fourteenth Amendment.
Terms to know
- Indictment
- A formal accusation of a serious crime issued by a grand jury.
- Double jeopardy
- Being put on trial twice for the same offense.
- Due process
- The requirement that government follow fair procedures, and respect fundamental rights, before depriving anyone of life, liberty or property.
- Just compensation
- Fair payment owed to a property owner when the government takes their property.
Common misconceptions
“Pleading the Fifth means you must be guilty.”
The privilege exists so that the government must prove its case without forcing a person to supply the evidence. Invoking it is a constitutional right and does not by itself establish guilt.
How it connects
Links to related provisions and documents, with the reason each one matters here.
- Amendment 14Citizenship, Due Process and Equal ProtectionThe Fourteenth Amendment repeats the due process phrase and is how most Fifth Amendment protections were applied to the states.
- Amendment 6Criminal Trials: Speedy Trial, Jury, Confrontation and CounselThe Sixth Amendment adds the trial rights that follow once a person has been charged.
- Amendment 4Searches and SeizuresThe Fourth Amendment covers how evidence may be collected, while the Fifth covers whether a person can be forced to provide it.
Study check
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Sources and corrections
- Text: National Archives. Checked against the source on September 29, 2026.National Archives transcription of the engrossed Constitution, with original spelling and capitalization. The signature block and the Convention's interlineation note are not reproduced.
- The Bill of Rights: A Transcription — National Archives
- The Interactive Constitution: Fifth Amendment — National Constitution Center
Educational material, not legal advice. Spotted a mistake? Tell us; corrections change this page’s update date.