The Fifth Amendment of the U.S. Constitution provides, "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 offense to be twice put in jeopardy of life; 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. The Fifth Amendment also refers to the practice of invoking the right to remain silent rather than incriminating oneself. It protects guilty as well as innocent persons who find themselves in incriminating circumstances. This right has important implications for police interrogations, a method that police use to obtain evidence in the form of confessions from suspects. The clauses incorporated within the Fifth Amendment outline basic constitutional limits on police procedure. The Fifth Amendment is important mainly because it protects us from having our rights abused by the government. It protects us from having the government take our freedom or our property without convicting us of a crime. It also makes it harder for the government to actually convict us of crimes. By doing these things, it helps to protect us from a tyrannical government. The framers of the Fifth Amendment intended that its provisions would apply only to the actions of the federal government. However, after the Fourteenth Amendment was ratified, most of the Fifth Amendment’s protections were made applicable to the states. Under the incorporation doctrine, most of the liberties set forth in the Bill of Rights were made applicable to the state governments through The U.S. Supreme Court’s interpretation of the Due Process and equal protection clauses of the fourteenth Amendment. As a result, all states must provide protection...
Please join StudyMode to read the full document