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The amendment as proposed by Congress in 1789 and ratified by the states: 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 ...
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial.
Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law
Muniz, 496 US 582 (1990), is a U.S. Supreme Court case involving the Self-incrimination Clause of the 5th Amendment and the meaning of “testimonial” under the 5th Amendment. A drunk-driving suspect, Muniz, made several incriminating statements while in police custody, and the Supreme Court held that only one of these statements was ...
The Fifth Amendment, like all the other guaranties in the first eight amendments, applies only to proceedings by the federal government (Barron v. City of Baltimore , 7 Pet. 243), and the double jeopardy therein forbidden is a second prosecution under authority of the federal government after a first trial for the same offense under the same ...
Kastigar v. United States, 406 U.S. 441 (1972), was a United States Supreme Court decision that ruled on the issue of whether the government's grant of immunity from prosecution can compel a witness to testify over an assertion of the Fifth Amendment privilege against self-incrimination.
The Takings Clause of the 5th Amendment promises that private property cannot be taken for public use "without just compensation," though some lower courts have ruled that actions taken by police ...
Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6–2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.