The Fifth Amendment Explained: The Constitution for Dummies Series

hey guys welcome to hip Hughes history

we're going to take care of the fifth

amendment for you in about the next ten

minutes one of the most important

amendments of the Bill of Rights in fact

if I had to rank it I'd rank at the top

ten as we continue for the Constitution

for dummies series I'm not calling you

dummy because I love you and I love the

learning so giddyup your attention all

right you guys know how this works if

we're going to talk about the works if

we're going to break it down you need to

know the words so maestro music please

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 of an actual service in time of

war or public danger nor shall any

person be subject for the same offense

to be twice within 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 so

we can basically break this up guys into

five parts we're going to take a look at

what a grand jury is and what that means

then we'll take a look at the idea of a

double jeopardy really important in

there one of the biggest idea of course

is your right to remain silent we'll

discuss that and then we're going to

take a look at the due process clause

which mean we importante and then we're

going to take your land for just

compensation so let's break it up let's

do it five pieces you know you can

handle it

so grand jury what is the grand jury

it's really simple at first you need to

know it's only for federal government

there are state grand juries but it's up

to the state the Supreme Court has never

selectively incorporated this part of

the Fifth Amendment

meaning they haven't used the 14th

Amendment's no state shall deny it's a

Due Process Clause to apply grand juries

to the States

so only to the federal government and

not in times of military trials and

things like that you heard that in the

amendment this only applies to federal

crimes for infamous crimes meaning

felonies that's how the Supreme Court

has defined this so if you commit a

felony and it's a federal crime you get

a grand jury so what the hey is a grand


a grand jury comes before you're

indicted before you are arrested in a

sense it's supposed to protect you

against overzealous prosecutors if

you're my neighbor and let's say you're

you know 18 19 you party all the time

you're playing your kid music and you're

doing the tweakin or the twerkin or

whatever that is and I'm a cranky old

man you know I could really mess with

you if I didn't have to go to a grand

jury I could just arrest you for yeah

that would screw you right you have to

get a lawyer your family and friends

wouldn't be looking at your cross-eyed

your girlfriend would leave you or your

boyfriend would leave you no one would

love you you'd be living in a van down

by the side of the river it's Chris

Farley joke but needless to say you do

need to go to a grand jury to avoid that

and the grand jury is basically like a

regular jury they listen to the

prosecutor and the evidence now you

don't get to bring your defense lawyer

in there and certain rules apply that

are much more broad there's no

exclusionary rule on a grand jury so if

you found evidence illegally it's all

good baby but basically it's just to

make sure that if I'm going to go

forward that there's some type of

reasonable suspicion there's some type

of evidence there's enough evidence for

a trial I'm not just getting you because

I don't like the twerkin is it the tweak

in the twerkin so that's what a grand

jury is now most states don't do grand

juries most states have what's called

preliminary hearings you've probably

seen this on law and order where you

present it to a

so a little bit different for the state

giddyup here we go I think I'm going to

do jeopardy jeopardy don't we all right

you've seen the movie double jeopardy

then you could just fast-forward this

part but double jeopardy basically means

that I get one swing at the back with

you in terms of a trial if I arrest you

if I arrest you for murder and then you

are convicted or acquitted that's it

I've had my shot I either got sure I

didn't get you so in its very most basic

form it's just to protect you against

multiple prosecutions now if it's a

mistrial it depends on who calls the

mistrial but generally mis trials can

generally lead to new trials unless it's

prosecutorial you know misconduct like

the prosecutor is cheating or lying and

there's a mistrial then the prosecutor

doesn't get another chance there's also

some pretty strict rules in terms of

that I can't charge you let's say you

murder three people in a crime right why

don't I just charge it for murder once

if you get off I'll just charge it for

murder again for the second person then

if you get off again then I'll charge

you for the third murder three different

murders three different trials no I

think it's for the blockburger rule

after a famous Supreme Court case that

says if the crimes are tied you have to

try them at once you can't have multiple

opportunities to try those crimes now if

I I don't know if I rob a bank and then

a few days later I decide that I'm going

to I don't know steal a meth fan then

those are two different crimes they can

have two different trials

you shouldn't rob banks and you

shouldn't rob meth vans I'm just saying

all right let's take a look at the next

part which is one of my most papers

all right you have the right to remain

silent and of course this is probably

the most famous part of the fifth

amendment talking about the right not to

be a witness against yourself and

certainly this traces back like much of

the bill of rights to the Magna Carta I

think back to Oliver Cromwell and the

concept of not having you know to be

self incriminatory against yourself

where that comes from but the very basic

concept is is certainly at a trial you

do not have to take the stead the

government has something to prove you do

not have to help them you don't have to

be a Gaul you think I did it

Jericho go let me come what do you want

to do no you certainly don't have to do

that and technically you don't have to

answer any question the police gives you

I believe you do have to give your ID

most states have laws this was a recent

Supreme Court case we have to turn over

your ID but you don't have to answer

questions if you don't want to you don't

have to and you certainly always can

invoke that right and invoke your right

to a lawyer and invoke the right not to

consent to a search if you know those

three things I invoke my right to remain


I'm invoking my right to an attorney I

do not consent to any searches that's

probably the three strongest sentences

that you can give to protect yourself

with the Fifth Amendment and of course

the Fifth Amendment's been used in other

circumstances most famously it was used

by the witnesses or the people that were

being accused of being communists in the

who act trials the house on American

Activities trials McCarthy hearings in

the early 50s and they were labeled

fifth amendment communists because the

country saw them invoking this Liberty

this right to say to the government I'm

not going to help you you know convict

me or accuse me or give you evidence

that I did something as evidence of

guilt so Miranda comes from Miranda

Arizona where a defendant Miranda Ernest

Miranda Miranda was being accused of a

pretty gruesome crime and he was being

questioned over and over and over and he

didn't know he had the right through

mean silent really low IQ eventually he

broke down he confessed to the crime and


confession was used against him at trial

and what the court did in 1966 is they

took that concept of self-incrimination

and they said it's so important it's so

engrained in our way of life that once

you are detained once the police detain

you and you don't have the right to

leave they have to inform you of these

rights and of course you've heard the

Miranda warnings before you the right to

remain silent anything you can say will

and can be used against you in a court

of law

you have the right to an attorney if you

can't afford one when will be given to

bumble MOBOT right so the Fifth

Amendment really important knowing your

Fifth Amendment rights

nor be deprived of life liberty or

property without due process there it is

guys the Fifth Amendment's Due Process

Clause and what that means is in its

most basic form that we have procedures

that if we're going to arrest you you're

going to be informed of what you're

getting arrested there's going to be a

trial with attorneys there's going to be

procedure everybody's going to get that

procedure and everyone's going to know

what that procedure is so when we arrest

you when we take away your life we take

away your Liberty right that everybody

knows the rules of the game

now we also kind of have the concept of

not having you know vagueness and law in

there so if I'm going to arrest you it's

got to be specific you're getting

arrested for felony class one four nine

right you I don't know eight the paint

off your neighbor's house whatever it is

but I can't be you're getting arrested

because you're really bad you're bad bad

man that's kind of a right I want to

know specifically now where it gets a

little bit tricky is when the language

is more in terms of substantive

democracy kind of like democracy that's

unmentioned in the Constitution but we

all agree upon so something like privacy

so for instance if I am going to pass a

law that's going to I don't know ban

what you do with consenting adults in a

room contraceptives or certain types of

Acts or whatever that that's taking away

your Liberty without due process

so people that argue that the Supreme

Court is too powerful that it's

activists would argue that the due

process clause has been expanded and

it's too flexible where people that are

interested in preserving individual

liberty over what the majority of

citizens want like for instance to pass

a law to tell you what to do in your

bedroom would argue that the the

justices are just putting into action

the spirit of Liberty in the due process

clause so the due process clause is

repeated in the 14th amendment we're

going to make sure after the Civil War

that states also are guaranteeing its

citizens due process of law and equal

protection we'll get into that a little

bit later all right I want your land I

want the taking clause this doesn't

sound good doesn't it well the taking

clause is eminent domain and what this

basically means is that when it comes

down to it that the government and the

federal government and it has been

applied to the state through selective

incorporation the governments have the

right to take your land for public use

so in its most basic forms with just

compensation and of course people going

to argue with just compensation is if

you buy a piece of land and you're I

don't know building racino on it or a

carbonyl carnival on it you know it's

going to be worth a lot of money they're

not going to give you the money it's

worth tomorrow they're going to give you

the money it's worth today now where it

gets a little bit Shady's in recent

years the Supreme Court has argue that

the government can take away your land

for just compensation for commercial

reasons so if a developer is building

some type of housing or something near

the river downtown they're revitalizing

the neighborhood the Supreme Court has

ruled and you can write about this in

the comments below

that if it's for the benefit of the

communities creating jobs tax revenue

that they have the right to your

property not for public domain but for a

private domain that benefits the public

domain so what do you think about that

so there you go guys that's the fifth

amendment chopped off I hope you learn

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