Amendment 5
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.
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Comment:
The Fifth
Amendment provides five important protections against arbitrary
government actions. First, no one may be prosecuted for a federal crime
without first being indicted (formally accused) by a grand jury. Second,
a criminal suspect may be prosecuted only once for each crime. If a jury
acquits the accused person, there can be no retrial. Third, a person
cannot be forced to testify against himself or herself in any criminal
case. This is the right against self-incrimination. Fourth, the due
process Clause bars the government from arbitrarily depriving anyone of
life, liberty, or property. Fifth, the government may not take anyone’s
private property unless it is necessary for a public purpose and unless
the government pays a fair price for it.
Amendment 6
In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime
shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Comment:
The Sixth
Amendment guarantees people accused of crimes the right to a speedy and
public trial. Defendants in federal cases are entitled to be tried in
the area in which the crime was committed, and both state and federal
defendants have the right to have an impartial jury decide their guilt
or innocence. The Sixth Amendment prohibits the government from
prosecuting an accused person without first informing him or her of the
nature of the charges against him or her. The accused has the right to
“confront”—that is, to cross-examine witnesses who testify against him
or her at trial. Those accused also have a right to subpoena (compel)
supporting witnesses to testify in court and to have a lawyer assist in
their legal defense
Microsoft®
Encarta® Encyclopedia 2002. © 1993-2001 Microsoft Corporation. All
rights reserved.
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