The Fifth Amendment also includes a prohibition on double jeopardy -- being tried for the same crime twice. Due process is another element of the Fifth Amendment, and guarantees that all legal rights must be upheld in the process of a trial. A person may not be treated unfairly relative to others with respect to his or her trial. In addition, the Fifth Amendment grants the right to fair compensation, whereby any private property that is taken for public use must by compensated for fairly. This works with respect to eminent domain in particular, where the government seizes property for the public good; the Fifth Amendment demands that the property owner be compensated for this seizure (CIN, 2011).
The different elements of the Fifth Amendment are important for a number of reasons. Related somewhat to the Fourth Amendment, the protection against self-incrimination protects citizens from being compelled or coerced into providing information to the government that could later be used against the individual. This clause arose from the common practice in both England and the colonies of using torture and deception to bring about damning evidence from the accused, in particular political and religious dissenters (JRank.org, 2011).
Taken together, the protections afforded by the Fourth and Fifth Amendments are essential to ensuring freedom...
The government must ensure that proceedings are brought against somebody on the basis of the specific case against them, and are brought only once. The case must be presented fairly and equitably. Evidence cannot be gathered through deceptive or coercive means, but rather by legal channels only.
These protections provide some limits to the power of government with respect to prosecuting those with whom the government disagrees. As such, they provide a legal barrier between citizens and their government. This barrier promotes freedom of thought and freedom of action to a greater extent than is realized in most countries. These Amendments may serve to weaken the government somewhat but strengthen the rule of law by ultimately holding accountable to high standard.
Works Cited:
Hornberger, J. (2005). The Bill of Rights: Searches and seizures. Freedom Daily. Retrieved May 2, 2011 from http://www.fff.org/freedom/fd0410a.asp
CIN. (2011). What is the Fifth Amendment? Criminal Information Network. Retrieved May 2, 2011 from http://www.criminalinfonetwork.com/fifth-amendment.htm
JRank.org. (2011). Fifth Amendement -- Self-incrimination case. Law.jrank.org. Retrieved May 2, 2011 from http://law.jrank.org/pages/6880/Fifth-Amendment-Self-Incrimination-Clause.html
