The Fifth Amendment is important because it specifies legal safeguards for the criminally accused that are designed to protect citizens' life, liberty and property. Among these safeguards are protection against multiple trials for the same crime and the right to refrain from presenting self-incriminating testimony.Know More
The first of the Fifth Amendment's five clauses stipulates that no one can be tried for an "infamous crime" unless indicted by a grand jury. The Legal Information Institute at Cornell University explains that federal law establishes the grand jury number as between 16 and 23, and that grand jurors are selected from the pool of prospective jurors who could serve in any juror capacity on a given day. Infamous crimes are those that are punishable by more than year in prison.
The Legal Information Institute observes that the Double Jeopardy clause protects defendants from successive trials for the same act by providing that they will not be prosecuted for the same crime following an acquittal or conviction.
The Fifth Amendment also protects defendants from having to offer self-incriminating evidence in court. Due to the Supreme Court case Miranda v. Arizona, the self-incrimination clause extends to other legal proceedings like police interrogations.
The Due Process Clause requires the government to respect all rights, protections and statutes before depriving anyone of life, liberty or property.
The Just Compensation Clause obligates the government to compensate individuals fairly when it takes property under its power of eminent domain.Learn more about The Constitution
According to the Rutherford Institute, the importance of the Third Amendment is that it prevents the military from entering the private property of civilians during peace time. The amendment also limits the use of private property by the military in war time. The only exception is in cases pertaining to national security.Full Answer >
The Eighth Amendment to the U.S. Constitution prohibits the use of cruel or unusual punishment or excessive fines or bail during criminal proceedings. Examples include executions that cause unnecessary pain to the convict and bail of an amount that is not directly correlated with the severity of the crime.Full Answer >
The Third Amendment to the U.S. Constitution protects civilians from having military personnel quartered in their homes during peacetime. It also states that military personnel may be quartered in a civilian domicile during times of war in a manner prescribed by law.Full Answer >
The Buckley Amendment, or the Family Education Rights and Privacy Act (FERPA), is a federal law that was enacted in November 1984. The law gives parents or "eligible students" (those who are over 18 years old) certain rights with respect to a student's educational records.Full Answer >