Bill of Rights · 5th Amendment
Fifth Amendment
Ratified December 15, 1791
Verbatim
Exact text as ratified.
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.
Plain English
A translation that drops archaic words but keeps the meaning, including the parts courts still argue about.
The Fifth Amendment contains five separate protections.
Grand jury for serious crimes. You cannot be charged with a serious federal crime unless a grand jury — a group of citizens who review the evidence — formally agrees there is enough evidence to charge you. This rule does not apply to the military during active service.
No double jeopardy. You cannot be tried twice for the same crime. If you are acquitted, the government cannot try you again for the same offense.
No self-incrimination. You cannot be forced to testify against yourself in a criminal case. This is the source of the right to remain silent during police questioning.
Due process. The government cannot take away your life, your freedom, or your property without following fair legal procedures.
Just compensation. If the government takes your property for public use, it must pay you a fair price for it.
What this means for you
You have the right to remain silent. This is the most-asserted right in this amendment. If police ask you questions, you do not have to answer. You can say "I am exercising my right to remain silent" and stop talking. This applies during questioning, during arrest, and during any official government interrogation. It does not apply to basic identification in some states. In some states you must provide your name if asked.
Once you ask for a lawyer, questioning must stop. If you say "I want a lawyer," police are required to stop questioning you until you have one. This is one of the strongest protections in the entire Constitution. Use it. Even if you think you can talk your way out of a situation, you almost certainly cannot. Defense attorneys describe this as the single most common mistake people make.
The right to remain silent is not all-or-nothing in practice. If you start answering questions and then stop, what you already said can be used. The protection is strongest when you assert it clearly from the beginning and do not waver.
Double jeopardy protects you only if a trial reaches a verdict. If a case is dismissed for procedural reasons or a mistrial is declared, the government can usually try you again. The protection takes effect once a jury reaches a verdict, or a judge rules on the merits in a bench trial.
Civil cases are different. This amendment applies to criminal cases. In civil cases (lawsuits over money, contracts, custody), you can be required to testify, you can be sued multiple times for related issues, and the protections work differently.
About
The Fifth Amendment was ratified in 1791 as part of the Bill of Rights. Like the Fourth, it originally restricted only the federal government, and was extended to state and local governments through the Fourteenth Amendment.
The right to remain silent comes from the self-incrimination clause. The famous Miranda v. Arizona (1966) ruling did not create the right. The right has existed since 1791. Miranda required that police inform people of the right before questioning, which is why arrests come with the recital "You have the right to remain silent..."
The grand jury requirement applies only to federal crimes. States are not required to use grand juries and many use other procedures, like preliminary hearings. About half of U.S. states still use grand juries for serious cases; the other half use alternative procedures.
Due process is one of the most heavily interpreted phrases in the Constitution. Courts have read it to require both procedural due process (fair procedures: notice, hearing, neutral judge) and substantive due process (some rights cannot be taken away no matter what procedures are used). The substantive due process doctrine has been used to recognize unenumerated rights such as privacy, marriage, and family, and is one of the most actively contested areas of constitutional law.
The Takings Clause ("just compensation") is the basis for eminent domain, the government's power to take private property for public use. The hardest cases under this clause involve what counts as "public use" (the Kelo v. City of New London decision in 2005 expanded this) and what counts as "just compensation."